Apple and Microsoft have been spared from additional regulatory scrutiny under the Digital Markets Act (DMA) in the European Union. The European Commission has decided that iMessage, Bing, Edge, and Microsoft Advertising do not meet the criteria for designation as “core platform services” under the DMA.
Key Takeaway
Apple and Microsoft have been spared from additional regulatory scrutiny under the Digital Markets Act (DMA) in the European Union. The European Commission has decided that iMessage, Bing, Edge, and Microsoft Advertising do not meet the criteria for designation as “core platform services” under the DMA.
Apple and Microsoft as DMA “Gatekeepers”
Last fall, Apple’s mobile OS iOS, its App Store, and web browser Safari, along with Microsoft’s Windows OS and social network LinkedIn, were identified as falling within the scope of the DMA as “gatekeepers” for a total of five core platform services. However, the recent decision means that there will be no expansion of the initial list of 22 core platform services announced last year.
Interoperability Requirements and Market Investigations
The DMA imposes interoperability requirements on in-scope messaging apps and applies upfront obligations and requirements on how gatekeeping giants can operate designated services. The Commission had opened investigations to consider submissions from Apple and Microsoft arguing that iMessage, Bing, Edge, and Microsoft Advertising should not be added to the list of regulated core platform services.
Commission’s Response and Future Monitoring
The Commission has allowed itself a maximum of five months to consider the arguments against further designations and has now adopted the decisions. While the decisions not to designate the four additional services stand for now, the Commission will continue to monitor the market developments with respect to these services, implying that notable changes in market share could trigger a reassessment.
