The US Department of Justice has submitted an application to intervene in legal proceedings at the EU’s General Court on behalf of Elon Musk and X, supporting efforts to overturn a €120 million fine issued by the European Commission.
In December 2025, the European Commission imposed the penalty after determining that X deceives users by allowing paid blue check marks without meaningful verification of account holders’ identities. The commission based its action on alleged violations of the Digital Services Act. Beyond the verification badge issue, EU regulators cited X’s failure to provide transparency regarding advertisements and its refusal to grant researchers access to public data.
The DOJ’s intervention argument centers on claims that the commission overstepped its jurisdictional authority in regulating an American company. US Assistant Attorney General Brett A. Shumate contended that the commission “inappropriately attempted” to extend its control beyond EU borders. The DOJ stated that the United States has a “clear interest” in ensuring consistent application of territorial jurisdiction principles recognized in international law, and in protecting US-headquartered digital service companies that substantially contribute to the American economy.
European Commission spokesperson Thomas Regnier responded by confirming the regulator’s readiness to defend its position in court, asserting it maintains a “solid case” based on Digital Services Act violations. Henna Virkkunen, the commission’s executive vice-president for tech sovereignty, reiterated that the action was necessary to hold X accountable for undermining user rights and evading oversight.
US Secretary of State Marco Rubio and the Federal Communications Commission have criticized the EU action, characterizing it as an attack on American technology platforms. The European Commission denied allegations of targeting specific nationalities, stating its enforcement protects digital and democratic standards globally. The commission is also conducting additional investigations into X, including an examination of its integrated AI assistant Grok regarding concerns about its use in creating non-consensual intimate imagery.
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