The EU’s Digital Markets Act (DMA) became effective in August with the aim of implementing more transparent regulations on major companies like Apple and Microsoft and their primary platform services. Initially, the EU labeled Apple’s iMessage and Microsoft’s Edge, Bing, and Microsoft Advertising as gatekeepers – large digital platforms with over 45 million active users in the EU and €7.5 billion annual revenue. However, Apple and Microsoft have appealed the EU Commission’s preliminary assessments and have been cleared of any accusations.
The EU’s investigation revealed that, despite meeting the quantitative thresholds, none of the four platforms qualify as gatekeepers following an in-depth analysis by the EU Commission with “input from relevant stakeholders” and the Digital Markets Advisory Committee.
Although iMessage, Edge, Bing, and Microsoft Advertising are not considered gatekeepers, Apple and Microsoft are still deemed gatekeepers across several categories – specifically operating systems (iOS and Windows), browsers (Safari), intermediation (App Store), and social networks (LinkedIn).
Yesterday, the Commission has adopted decisions closing four market investigations that were launched on 5 September 2023 under the Digital Markets Act (DMA), finding that Apple and Microsoft should not be designated as gatekeepers for the following core platform services: Apple’s messaging service iMessage, Microsoft’s online search engine Bing, web browser Edge and online advertising service Microsoft Advertising.
In its decision of 5 September 2023, the Commission considered that the rebuttal requests made by Apple and Microsoft deserved an in-depth analysis. Following a thorough assessment of all arguments, taking into account input by relevant stakeholders, and after hearing the Digital Markets Advisory Committee, the Commission found that iMessage, Bing, Edge and Microsoft Advertising do not qualify as gatekeeper services. – EU Commission press release
If iMessage had been designated a gatekeeper, Apple would have been required to make its proprietary messages compatible with competing messaging apps. In September, Microsoft was mandated to stop requiring Windows 11 users in the EU to use its Edge browser as the default browser in order to comply with the DMA. Gatekeepers are also subject to fines of up to 10% of the company’s total worldwide annual revenue and up to 20% of revenues for repeated violations.
