EU General Court annuls Facebook Marketplace designation under the DMA

The EU’s General Court has annulled the European Commission's designation of Facebook Marketplace as a core platform service under the Digital Markets Act (DMA)

The judgment marks the first successful challenge of the DMA before the EU General Court and provides important guidance on how the European Commission must assess whether digital services meet the regulation's designation criteria. 

A team led by Dave Foster, David Lawrence and Alex Katz supported Freshfields, Brick Court Chambers, and Meta throughout the proceedings, providing economic analysis as part of the challenge. 

The Court partially upheld Meta's appeal against the Commission's 2023 designation decision. While it confirmed the designation of Messenger as a core platform service, it annulled the designation of Facebook Marketplace. 

The judgment highlights the importance of robust evidence and careful assessment when applying the DMA's gatekeeper framework. As the regulation continues to shape digital markets across Europe, the ruling is likely to be closely examined by platforms, regulators and businesses affected by the new regime. 

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