X exempt from gatekeeper obligations in EU’s Digital Markets Act

Elon Musk’s platform, X (formerly known as Twitter), will not be classified as a ‘gatekeeper’ under the EU’s Digital Markets Act (DMA), a landmark set of tech regulations that impose strict obligations on major digital players. According to sources familiar with the situation, the European Commission, which has been investigating X since May, is expected to confirm this decision in the coming week.

The DMA prevents dominant tech companies from abusing their market power, particularly in messaging apps and pre-installed software. Platforms designated as gatekeepers must comply with rules to promote competition, such as ensuring their messaging systems are interoperable with rival apps and allowing users to choose which apps to install by default on their devices.

Despite meeting the user-base threshold for a gatekeeper, X argued that it does not meet the additional criteria of being a key intermediary between businesses and consumers. This claim led the Commission to launch its investigation to clarify whether the platform should face the extra obligations imposed by the DMA.

While several major companies, including Alphabet, Amazon, Apple, Meta, Microsoft, TikTok’s parent company ByteDance, and Booking.com, have already been named as gatekeepers under the act, X has successfully avoided this designation, at least for now. If violations are found, this decision could spare X from stringent requirements and potential penalties, amounting to up to 10% of a company’s global revenue.

As the Commission’s ruling draws near, it highlights the ongoing scrutiny faced by tech giants under EU regulations to curb their influence over the digital economy. For Musk’s X, this is a significant reprieve amid growing regulatory pressure on Big Tech worldwide.