EU Court Rejects Opera's Bid to Label Microsoft Edge a Gatekeeper

The European Union's General Court has upheld the decision not to designate Microsoft Edge as a gatekeeper under the Digital Markets Act (DMA). The ruling came after Norwegian web browser maker Opera challenged the European Commission's determination that Edge did not meet all the criteria for being a gatekeeper.

In July 2024, Opera argued that the Commission had not properly assessed how Edge's 'durable and privileged position' in Windows harmed competition. However, the General Court found that the Commission had thoroughly examined all issues related to Microsoft Edge and its bundling in Windows, and determined that nothing it did increased the usage of Edge or any other Microsoft products and services.

The court ruled that while Microsoft Edge meets the quantitative thresholds laid down in the DMA, including at least 45 million monthly active end users established or located in the Union and at least 10,000 yearly active business users established in the Union, it falls short in other areas. Specifically, its usage is low compared to market leaders, its integration in Windows hasn't triggered significant or sustained usage increases, Microsoft doesn't control the web browser engine it uses in Edge, and Microsoft's ability to leverage Edge to drive usage of other products and services is limited.

The General Court's ruling also highlighted that Microsoft forces customers to use Edge in certain cases, even when they have configured another default browser. This practice is illegal in the EU, as Windows is considered a monopoly and gatekeeper, and Microsoft is leveraging its dominance with that product to try to gain share for Edge.