Wednesday, July 08, 2026

A gatekeeper cannot transform a challenge to designation into a general anticipatory attack on the whole DMA regulatory regime.

 Yours, EU GC here

Also extremely interesting: "Since Apple has been unsuccessful, it must be ordered to pay the costs incurred by the Commission and Coalition for App Fairness, in accordance with the form of order sought by them."


Top:  "the EU legislature intended to prevent the classification of a service under the DMA from varying according to the technological choices made by the gatekeeper" - technology neutrality. E.g., relevant legal question: does an AI assistant perform the function of a virtual assistant under the DMA?

Re EECC: hat the Court anticipated possible Apple's moves like a well-chosen national proceeding (before the BNetzA?) that generates a preliminary reference on Article 2(7) - eventually produce a CJEU ruling binding across both regimes?