EU court frees Meta’s Marketplace from gatekeeper rules but keeps Messenger in
The General Court annulled the Commission’s designation of Marketplace under the Digital Markets Act, faulting its reasoning, while upholding the same label for Messenger.
Meta walked into the EU’s General Court asking it to strike down two gatekeeper labels and walked out having shed one. On 3 June the Luxembourg court annulled the European Commission’s designation of Facebook Marketplace as a “core platform service” under the Digital Markets Act, while upholding the same designation for Messenger. It is a split decision, and the reasons for the split matter more than the scoreline.
The court did not find that Marketplace is harmless or unimportant. It found that the Commission had not explained itself properly. The decision, the judges held, “does not satisfy the requirements in terms of reasoning as regards Marketplace,”failing to take account of recent developments in the service and leaving neither Meta nor the courts able to understand...
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