Official Journal of the European Union

EN

C series

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C/2024/5640

30.9.2024

(Case T-357/24)

(C/2024/5640)

Language of the case: English

Parties

Applicant: Opera Norway AS (Oslo, Norway) (represented by: A. Lamadrid de Pablo and M. English, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Commission Decision of 12 February 2024 in Case DMA.100028 – Microsoft – Web Browsers;

—order the Commission to bear the Applicant’s costs and expenses in connection with these proceedings

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the contested decision infringes Articles 3(1), 3(4) and 3(5) of the DMA by failing to designate Microsoft as a gatekeeper in relation to its web browser core platform service Edge based on the finding that Edge is not an important gateway for business users to reach end users. This plea in law consists of four parts:

—The contested decision errs by relying on Edge’s market share of webpage views as a factor to rebut the presumption that Edge is an important gateway for business users to reach end users.

—The contested decision errs in relying on Microsoft’s alleged lack of control of the relevant browser architecture to rebut the presumption that Edge is an important gateway for business users to reach end users.

—The contested decision errs in finding that Microsoft’s platform ecosystem and practices do not sufficiently contribute to Edge being an important gateway for business users to reach end users.

—The contested decision errs in finding that Edge’s alleged low scale of usage, lack of control of the relevant web browser architecture, and inability to increase Edge’s usage are manifestly sufficient to rebut the presumption resulting from Article 3(2) DMA and to justify the non-designation of Edge.

ELI: http://data.europa.eu/eli/C/2024/5640/oj

ISSN 1977-091X (electronic edition)

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