- The General Court dismissed the action in Case T-357/24 on 2 September 2026.
- Microsoft's Edge browser was not designated as a gatekeeper under the Digital Markets Act.
- Opera Norway challenged the Commission's failure to designate Microsoft as a gatekeeper.
- The judgment confirms the Commission's broad discretion in gatekeeper assessments under the DMA.
EU General Court upholds non-designation of Microsoft as gatekeeper
On 2 September 2026, the General Court of the European Union delivered its judgment in Case T-357/24, in which Opera Norway challenged the European Commission's decision not to designate Microsoft as a gatekeeper for its Edge browser under the Digital Markets Act (DMA).
The judgment confirms the Commission's initial assessment and establishes that Microsoft's Edge browser did not meet the criteria required to be granted gatekeeper status.
Background of the challenge
The Digital Markets Act entered into force in 2023 and grants the European Commission the power to designate large technology companies as so-called gatekeepers. Gatekeepers are subject to strict obligations to ensure fair competition in digital markets.
Opera Norway, the Norwegian branch of browser developer Opera, brought proceedings against the Commission on the grounds that Microsoft should have been granted gatekeeper status for its Edge browser. The claim alleged that the Commission had failed to fulfil its obligations under the DMA by not designating Microsoft as a gatekeeper.
The judgment
The General Court dismissed the action and upheld the Commission's decision. The Court concluded that the Commission's assessment of Edge's market position and its influence on the digital market was well founded.
| Element | Detail |
|---|---|
| Case | T-357/24 |
| Party | Opera Norway v European Commission |
| Date | 2 September 2026 |
| Court | General Court (Court of Justice of the EU) |
| Outcome | Action dismissed, Commission's decision upheld |
Implications for digital market regulation
The judgment is one of the first judicial clarifications of how the DMA's gatekeeper criteria should be interpreted and applied. It confirms that the Commission enjoys a broad discretion in its assessment of which companies are to be designated as gatekeepers, and that the criteria must be met with solid evidence.
The ruling may have consequences for future gatekeeper designations and for technology companies' strategies in meeting the DMA's requirements.