Several big tech platform operators, including Amazon, Apple, Meta, Microsoft and ByteDance, have approached the European Commission with their intention to operate within the parameters of 'gatekeepers' in the EU market. While TikTok owner ByteDance meets the criteria, TikTok said it fell short of the overall requirements asking gatekeepers to have an 'unavoidable platform to conducting online business in the EU' and 'be an "entrenched" gateway between consumers and businesses'.

Gatekeepers are defined by the Digital Markets Act (DMA) as companies with a market capitalisation of 75 billion euros ($82 billion) and over 45 million monthly active users.

In light of ongoing issues surrounding the operation of platforms, the Act intends to protect EU customers, promote innovation for European companies and engender fair competition between and among platforms operating within the region. For instance, gatekeepers are expected to render their messaging apps interoperable with all other platforms, relinquishing to users the choice of which app to pre-install. They are also expected to allow business users access to the data they generate while using their platforms. There are strict fines for breaches of the law.

The Commission is currently processing applications and should decide on the attribution of gatekeeper status by September 2023. Booking.com said it is expected to meet the gatekeeper category threshold by the end of the year.

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