General Court Rejects Opera's Appeal on Non-Designation of Microsoft Edge

The General Court has rejected Opera's appeal on the European Commission's non-designation of Microsoft Edge under the Digital Markets Act (DMA). This decision marks a significant development in the DMA's regulatory framework, particularly regarding the role of third parties. Unlike previous cases involving gatekeepers, this ruling addresses an action taken by a competing web browser, Opera.

Opera had appealed the Commission's decision not to designate Edge as a gatekeeper under Article 17(3) DMA, arguing that it was impacted by the lack of designation. The General Court considered the effects of the non-designation on Opera's market position and found that it could produce a prima facie finding of substantial adverse effect.

The court also acknowledged the limitations faced by third parties in intervening in administrative proceedings under the DMA. However, it ruled that Opera's participation in the market investigation, albeit limited, formed an additional element supporting its rejection of the plea of inadmissibility. This decision provides more leeway for third parties to scrutinize the Commission's actions and holds the enforcer accountable.