The General Court of the European Union Microsoft EdgeThe Digital Markets Act DMAIt upheld the European Commission's decision not to designate [company] as a gatekeeper. The lawsuit filed by Opera, which sought to have Edge included in the scope of regulation, was dismissed.
Although Edge met the quantitative criteria set by the DMA, the Commission determined that it could not be considered a “key gateway” through which the company reaches end users. The court also found that the Commission was not at fault for accepting the rebuttal evidence submitted by Microsoft.
This ruling Just because a service exceeds a certain numerical threshold—such as the number of users—doesn't mean it automatically becomes a gatekeeper.This is a case where that was confirmed.
| Case T-357/24, Opera Norway v. Commission
In July 2024, Opera Norway filed a lawsuit in the General Court seeking to overturn the European Commission’s decision not to designate Edge. The case number is T-357/24Hey.
Opera argued that since Edge—which comes preinstalled on Windows—serves as a gateway for downloading other browsers and enjoys an advantage due to its integration with the operating system, the competition for browser choice that the DMA seeks to ensure should also apply to PCs.
| Edge met the quantitative criteria
The DMA presumes that a company is a gatekeeper for its core platform services if it meets certain quantitative criteria, such as company size and the number of service users. Edge also met these criteria.
However, A company can rebut this presumption by presenting sufficient evidence that the service does not actually serve as a significant gateway. Microsoft countered by citing Edge's actual market position and its role as a bridge between enterprise users and end users.
| The Executive Committee determined that it was not a “critical milestone”
Following a market investigation in 2024, the European Commission concluded that Edge is not a key gateway for companies to reach users. Consequently, while it designated Microsoft as a gatekeeper for the Windows PC operating system and LinkedIn, it excluded Edge from that designation.
Even if the company providing the service is large overall, We evaluated the role each core platform service plays in the market separately. The fact that "Edge" isn't specified doesn't mean that Microsoft as a whole isn't subject to the DMA.
| General Court Upholds Executive Committee's Ruling
The general court ruled that the Commission had not erred in accepting Microsoft’s well-supported argument that Edge was not a significant gateway. Opera’s motion to set aside the decision was denied.
As a result, Edge will maintain its current status, under which it is not subject to the special DMA obligations imposed on gatekeeper services. However, This doesn't mean that Microsoft's other designated services or its obligations under general competition and consumer protection laws will disappear.
| Browser Choice: The Issue Raised by Opera
Opera has long argued that Windows PCs need to undergo the same changes seen on smartphones—where the selection screen for the default browser expanded after the introduction of DMA. Its main argument was that Edge, being pre-installed with the operating system, has a distribution advantage over competing browsers.
This ruling I'm not saying that I fully endorse all of Edge's design choices or the way Microsoft promotes its browser. The direct subject of the court’s ruling is the legality of the “decision not to designate a gatekeeper” issued by the Executive Committee in 2024.
| DMA Isn't Determined Solely by Numbers
This incident is The fact that the DMA's quantitative criteria are a starting point, not a final conclusionShow us that. If the company provides sufficient market data, the Executive Committee will be able to further review the actual gatekeeping role and the competitive landscape.
While this structure has the advantage of reflecting the market realities of each service, It also raises the question of how transparent the process should be for large services that meet the quantitative criteria to be granted an exception. Competitors may raise the issue that it is difficult to access rebuttal materials.
| The debate over browser competition is likely to continue
Although the court ruling upheld Edge's DMA exemption, the controversy surrounding Windows' default browser settings, the preferential treatment of Microsoft's own services, and user choice is far from over. If market share or the role of the service changes, the Executive Committee may reconsider the matter in the future.
The next key points to watch are whether Opera will appeal to a higher court, focusing on legal issues, and whether the European Commission will re-examine changes in the browser market. Once the full text of the judgment is made public, it will become clearer what level of evidence was required to overturn the quantitative estimate.
References
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#Microsoft #Edge #Opera #European Union #DMA #Digital Markets Act #Gatekeeper #General Court of the EU #Browser #Browser Competition #BigTechRegulation #Fair Competition #Industrial Policy #IT News
