As per a report by IPWatchdog, two EU court rulings this week backed the Commission's platform designations. In Case T-134/24, Technius v Commission, the General Court on October 14 dismissed in its entirety the action by Technius Ltd, operator of Stripchat, against its designation as a very large online platform under the Digital Services Act (DSA), according to the Court of Justice's press release No 146/26. Technius had reported about 31.8 million average monthly active recipients in the EU; the Commission found, using the same Similarweb data, more than 62 million unique visitors, above the DSA's 45 million threshold. The General Court held that Similarweb's "unique visitors" figure already filters out a significant number of bounced visits, so the Commission was entitled to rely on it, and that a later Similarweb correction giving about 37.3 million did not affect the decision's legality, which is assessed on the facts as they stood when it was adopted. It also rejected the argument that the absence of a prescribed calculation method breached legal certainty.

On October 15, Advocate General Andrea Biondi proposed in Case C-627/24 P, ByteDance v Commission, that the Court of Justice dismiss the parts of ByteDance's appeal over its Digital Markets Act (DMA) gatekeeper designation for TikTok that his opinion examined; MTR Legal reports it is the first DMA case to reach the Court. MTR Legal says Biondi required "sufficiently convincing arguments that seriously call those presumptions into question" to rebut the thresholds, and that a market investigation is mandatory where arguments manifestly do so unless the qualitative criteria are clearly not met. IPWatchdog quotes him as saying that "the fact that users also use other social networks does not, in itself, show that TikTok is not an important gateway." An Advocate General's opinion is not binding, and the Court of Justice has yet to rule.