Amazon wins court backing for now against EU tech rules’ ad clause

By Foo Yun Chee
BRUSSELS (Reuters) – Amazon has won court backing for now in its fight against EU tech rules that label it as a very large online platform (VLOP) required to provide researchers and authorities access to its ad repositories to see how ads are targeted.

The U.S. online retailer took its grievance to Europe’s second highest court, the Luxembourg-based General Court, in July after EU antitrust regulators in April designated it as a VLOP along with 18 other platforms and search engines.

It asked for an interim measure to suspend Digital Services Act (DSA) requirements on compiling and making public an advertisement repository, and on providing users with an option for each of its recommender systems which is not based on profiling, until the Court rules on its challenge against its label.

The Court agreed with its arguments.

“The grant of the interim measures requested amounts to no more than maintaining the status quo for a limited period,” judges said in a ruling dated Sept. 27.

Amazon welcomed the interim measure, calling it an “an important first step that supports our broader position that Amazon doesn’t fit the description of a ‘Very Large Online Platform’ (VLOP) under the DSA, and therefore should not be designated as such”.

The Court dismissed the second part of Amazon’s application.

The case is T‑367/23 R, Amazon Services Europe Sarl vs Commission.

(Reporting by Foo Yun Chee; Editing by Kirsten Donovan)

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