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$137 Million EU Fine on X Prompts US Justice Dept Intervention

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European Union flag and X logo displayed side by side outside a courthouse building
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The US Department of Justice filed an application to intervene in X's legal challenge against a $137 million European Union fine, backing Elon Musk's company in a case that marks the bloc's first sanction under the Digital Services Act, according to WIRED.

The filing, made with support from the State Department, asks the EU's General Court in Luxembourg to grant Washington standing in a case X and Musk opened in February. The court has not yet ruled on whether the US government can join.

How much is the fine, and what triggered it?

The European Commission fined X €120 million in December following a two-year investigation, WIRED reported. The Commission found that X's practice of selling blue checkmarks while describing those accounts as "verified" was deceptive to users. Investigators also cited an advertising repository they called inaccessible and incomplete, along with X's failure to give researchers access to public data needed to study risks on the platform.

In July, the Commission accepted a remediation plan from X covering the data-access failures. The company has six months from that acceptance to implement the fix, per WIRED's reporting.

What is the Justice Department arguing?

The DOJ's Civil Division says it is stepping in to protect American companies from what it characterizes as EU regulatory overreach that could extend well beyond X. The department's filing notes that many platforms covered by the Digital Services Act — Meta's Facebook and Instagram, Google's YouTube, Microsoft's LinkedIn — are US-headquartered and contribute significantly to the American economy.

"We will not tolerate the European Commission engaging in regulatory overreach to try and control American engines of innovation and economic growth," said Brett A. Shumate, assistant attorney general for the DOJ's Civil Division, in the department's filing as reported by WIRED.

"We will not tolerate the European Commission engaging in regulatory overreach to try and control American engines of innovation and economic growth."

The department also warned the case carries "implications" for broader US-EU relations, according to WIRED's account of the filing.

What does X's appeal argue?

Musk and X filed separate but related appeals in February seeking to annul the fine. Both argue the Commission's investigation was "incomplete and superficial" and that its reading of Digital Services Act obligations was "tortured," per WIRED. The filings also claim X was denied "rights of defence," language the company says points to "prosecutorial bias" in how the Commission built its case.

Musk has separately criticized the financial and administrative cost of the EU's transparency mandates. In July he argued that Australia's information-gathering requirements under its under-16 social media ban — a comparable regulatory push outside the EU — interfered with international law, WIRED reported.

Why is the administration calling this "overseas extortion"?

President Trump has used that phrase to describe EU penalties against US tech firms, and last year threatened tariffs on any country he said was discriminating against American technology through digital regulation, according to WIRED. Vice President JD Vance has separately criticized the Digital Services Act's content-moderation requirements as "authoritarian censorship," per the same report.

The Digital Services Act requires online platforms — particularly the largest ones — to do more to address illegal and harmful content, along with transparency requirements on advertising, algorithmic ranking, and researcher data access. The X penalty is the first fine the Commission has issued under the law since it took effect, making the outcome a marker for how aggressively Brussels intends to enforce it against other major platforms.

What happens next in the Luxembourg court?

The General Court must first decide whether the US government has legal standing to intervene in X's appeal before any hearing on the merits of the fine itself proceeds. No timeline for that threshold ruling has been reported.

If the court admits the US filing, the case would place a formal Washington objection inside an EU court proceeding for the first time under the Digital Services Act, adding a diplomatic dimension to what began as a regulatory dispute over verification badges and ad-data access. If the court declines, X's challenge continues without direct US government participation, though the political friction Trump and Vance have signaled is unlikely to ease regardless of the procedural outcome.

Disclosure. This article may include affiliate links; we may earn a commission at no extra cost to you. Legal entity: Pinewood Creations LLC. Smorgi Apps appears only as an affiliate partner in house slots — not as publisher or owner. See our affiliate disclosure.

Questions

How large is the EU fine against X?

The European Commission fined X €120 million, reported as roughly $137 million, in December following a two-year investigation, according to WIRED.

Why did the EU fine X?

The Commission found X misled users by labeling paid blue-checkmark accounts as 'verified,' kept an inaccessible advertising repository, and blocked researcher access to public data, per WIRED's reporting.

What is the Justice Department asking the EU court to do?

The DOJ, joined by the State Department, filed to intervene in X's appeal, arguing the EU's Digital Services Act enforcement amounts to overreach against American companies, according to WIRED.

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