Court upholds Commission's Edge decision

Norwegian browser maker Opera has lost its legal challenge at the EU General Court against the European Commission's 2024 decision that Microsoft and its Edge browser should not be subject to 'gatekeeper' designation and restrictions under the Digital Markets Act (DMA). The Luxembourg-based General Court agreed with the Commission's original finding that Edge does not "constitute an important gateway within the meaning" of the DMA, meaning Microsoft should not be deemed a gatekeeper in this context.

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

In its judgment, the court said the Commission was entitled to rely on the low scale of usage of Edge compared with other browsers, as those elements are relevant for assessing the actual importance of Edge as a gateway for business users to reach their end users. The judgment 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. Furthermore, the court considered that the Commission was entitled to find that the integration of Edge into the Microsoft ecosystem, including its pre-installation on Windows and other promotional mechanisms, did not contribute sufficiently to making Edge an important gateway.

Opera had argued that the Commission had erred "by failing to designate Microsoft as a gatekeeper in relation to its web browser core platform service Edge, based on the finding that Edge is not an important gateway for business users to reach end users."

Background and context

The Digital Markets Act targets large digital platforms that occupy a central position in the digital economy and applies to services that constitute an essential gateway for businesses to reach end users, such as search engines, operating systems, social media platforms, or web browsers. The 'gatekeeper' designation imposes specific obligations on qualifying services that meet certain criteria regarding size and market influence.

The European Commission in its 2024 decision said Edge was not an important gateway for businesses to reach users even though it met the quantitative criteria set out under the DMA. The General Court's ruling upholds the Commission's decision.

The case is T-357/24 Opera Norway v Commission.

Opera has a long history of legal disputes with Microsoft. A 2007 action from Opera against Microsoft eventually led to a €561 million EU antitrust fine against Microsoft in 2013 for failing to offer users a choice of web browser. Opera was founded more than 30 years ago in Oslo and has key hubs in Sweden and Poland.