U.S. Applies to Intervene in X Case to Annul Decision by European Commission

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Friday, October 9, 2026
Author: 
Bruce Zagaris
Volume: 
42
Issue: 
11
Abstract: 

                On September 24, 2026, the United States (U.S.) Department of Justice (DOJ) announced that the U.S. government has filed an application to intervene in the case brought by X and Elon Mask against the European Commission in the General Court of the Court of Justice of the European Union (GCEU) in Luxembourg in support of the applications to annul the decision of the European Commission finding the plaintiffs liable for violations of the European Union ‘s Digital Services Act (DSA).  The Commission imposed a fine of €120,000,000 jointly and severally, based on “the total worldwide annual turnover of the single economic unit ultimately controlled by Elon Musk or that of X Holdings Corp.”