The EU Digital Markets Act (DMA) came into force in August with the aim of establishing more transparent regulations for large companies such as Apple and Microsoft and their main platform services. The EU initially considered Apple’s iMessage and Microsoft’s Edge, Bing and Microsoft Advertising as gatekeepers – large digital platforms with more than 45 million active users in the EU and €7.5 billion in annual revenue – but Apple and Microsoft have appealed preliminary assessments of the EU Commission and are now clear. of any accusation.
The EU investigation found that despite meeting 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 Markets Advisory Committee Digital.
While iMessage, Edge, Bing and Microsoft Advertising are not considered gatekeepers, Apple and Microsoft are still considered gatekeepers across all service categories, i.e. operating systems (iOS and Windows), browsers (Safari), intermediation (App Store) and social networks (LinkedIn). ).
Yesterday, the Commission adopted decisions closing four market investigations that were launched on September 5, 2023 under the Digital Markets Act (DMA), concluding that Apple and Microsoft should not be designated as gatekeepers for the following platform services core: Apple’s messaging service iMessage, Microsoft’s online search engine Bing, the Edge web browser and the online advertising service Microsoft Advertising.
In its decision of 5 September 2023, the Commission considered that the reply requests submitted by Apple and Microsoft deserved in-depth analysis. After a thorough evaluation of all the arguments, taking into account input from relevant stakeholders, and after hearing from the Digital Markets Advisory Committee, the Commission concluded that iMessage, Bing, Edge and Microsoft Advertising do not qualify as gatekeeper services. – Press release from the EU Commission
If iMessage had been designated a gatekeeper, Apple would have had to make its proprietary messages interoperable with competing messaging apps. Microsoft was required to stop forcing Windows 11 users in the EU to use its Edge browser as the default browser in September to comply with the DMA. Gatekeepers will also be fined up to 10% of the company’s total annual revenue worldwide and up to 20% of revenue for repeat violations.