Opera Loses EU Court Challenge Over Microsoft Edge 'Gatekeeper' Status

Norwegian web browser provider Opera has lost its legal challenge against the European Commission's decision not to designate Microsoft and its Edge browser as 'gatekeepers' under the Digital Markets Act (DMA).

The EU Court of Justice ruled that the Commission did not err in considering that, although Microsoft met the quantitative thresholds laid down in the DMA, it had put forward sufficiently substantiated arguments to demonstrate that Edge does not constitute an important gateway.

The court also found that the Commission was entitled to take into account the fact that Edge relies on the browser engine Blink, which reduces Microsoft's ability to exercise autonomous control over certain key aspects of the service.

This decision is significant as it affects the obligations imposed by the DMA on qualifying services. The 'gatekeeper' designation imposes specific obligations aimed at fairness and competitiveness on large digital platforms that occupy a central position in the digital economy.