X is not an access control platform and is therefore not subject to the strict list of regulations of the Digital Markets Act.

But the reason X isn’t one of the big seven tech companies that are required to adhere to certain fair business practices might sting Elon Musk’s ego a bit.

This announcement came from the European Commission in a press release on Wednesday morning. X is not considered a gatekeeper because the Digital Markets Advisory Committee’s assessment “found that X is not a significant gateway for business users to reach end users.”

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Musk will no doubt be happy that his company does not have to adhere to the DMA’s “do’s and don’ts” that in case of violationamounts to a penalty of 10 percent of the company’s overall turnover. But the Commission’s conclusion that X is not a big enough platform for companies to impact users amounts to rubbing salt in the wound of X’s current advertising situation.

About a year ago, many major companies, including Apple and Disney, pulled their ads from X following anti-Semitic and hateful comments posted by Elon Musk. Musk has since apologized for his remarks, but revenue has reportedly fallen since the CEO took over the company that relies heavily on an advertising model. More recently, X filed an antitrust lawsuit against advertisers, claiming they conspired against X to harm it financially.

That said, X didn’t want to be classified as a guard anyway. According to the Commission’s announcement, X submitted “rebuttal arguments as to why its online social networking service should not, in its view, be considered a significant gateway.” The seven big tech companies listed as gatekeepers are Alphabet (Google’s parent company), Amazon, Apple, ByteDance (TikTok’s parent company), Meta, Microsoft, and Booking.com. Yes, Booking.com is a gatekeeper and X is not. Let that sink in.