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The General Court of the European Union recently dismissed the lawsuit filed by Opera Norway. It confirmed that Microsoft Edge does not constitute an essential gateway under the Digital Markets Act (DMA). Consequently, the EU does not need to designate Edge as a gatekeeper. Microsoft remains free from strict gatekeeper obligations regarding this specific browser.
Opera Accuses the European Commission of Bias
This legal battle began during Microsoft’s regulatory data submission for Edge. The browser’s user base met the quantitative thresholds established by the Digital Markets Act. Standard procedures dictated that the European Commission designate Edge as a gatekeeper. However, companies can present compelling evidence to disprove this stringent role requirement.
Microsoft subsequently submitted a formal appeal to the EU. Following a comprehensive market investigation in February 2024, the Commission validated Microsoft’s arguments. Ultimately, regulators decided against classifying Microsoft Edge, Bing, and Microsoft Advertising as gatekeepers. Nevertheless, Microsoft retains its overarching gatekeeper status. Its Windows operating system and LinkedIn platform remain subject to rigorous regulatory scrutiny.
Norway-based Opera perceived systemic bias favoring Microsoft. Consequently, the company filed a direct lawsuit against the European Commission. The General Court of the European Union reviewed the case and upheld the Commission’s regulatory actions. The court decisively dismissed all demands presented by the plaintiff.
Why the EU Exempted Microsoft Edge
Edge’s user base easily surpasses EU quantitative thresholds when calculating Windows installations. However, EU investigations revealed a crucial operational reality. Microsoft pre-installs the Edge browser on these operating systems. Yet, very few users actually utilize Edge within the European market. Compared to dominant rivals, Edge does not represent a vital gateway connecting businesses with end-users.
Opera persistently argued that Microsoft pre-installs Edge as the default application. Users must utilize Edge to download competing alternative browsers. Therefore, Opera asserted that market share alone cannot define a true gateway function. Unfortunately for the plaintiff, the court firmly rejected this specific interpretation.
A Historical Rivalry with Microsoft
Opera formally complained to the EU about Microsoft bundling Internet Explorer with Windows in 2007. This action eventually forced Microsoft to provide a browser choice screen in Europe. Microsoft later failed to maintain this promised selection interface consistently. Consequently, the EU fined Microsoft a staggering 561 million euros in 2013.
The current outcome presents a starkly different reality. The court fundamentally ruled that meeting DMA user thresholds does not guarantee automatic gatekeeper designation. Actual market influence and genuine gateway functionality remain the absolute paramount evaluation criteria.
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