The European Commission said in December 2025 that the platform "deceives users" by allowing people to pay for a blue verified check mark, because it is not "meaningfully verifying" who is behind the account.

But US Assistant Attorney General Brett A. Shumate said on Thursday that the commission had "inappropriately attempted" to expand its reach to American companies outside its control.

Musk, who spent millions helping elect Donald Trump and other Republicans, has previously claimed EU tech regulation "inhibits progress" for companies.

The US Department of Justice (DOJ) has filed an application with the EU's General Court in support of Musk's and X's attempts to dismiss the case.

It claims that under a section of law in the Statute of the Court of Justice of the EU, a state may intervene in disputes before the court if it "can establish an interest in the result of the case to the court".

The DOJ said the US "has a clear interest" in ensuring any decision by the commission was applied consistently with "how territorial jurisdiction is generally understood in international law".

It also wants to make sure it would not "otherwise prejudice" US-headquartered digital services that "contribute significantly" to its economy.

In a press briefing on Friday, European Commission spokesperson Thomas Regnier said it was "ready to defend" its position in court.