EU backtracks on Apple and Microsoft 'gatekeeper' designation
Edge and iMessage will no longer be subject to DMA rules
The European Commission (EC) has retracted its decision to classify certain offerings from Apple and Microsoft as ‘gatekeeper services’ under the Digital Markets Act (DMA).
The decision exempts Apple's iMessage and Microsoft's Edge, Bing and Advertising from DMA regulations, which are designed to limit self-preferencing and promote competition.
Previously, the EU had included Apple and Microsoft alongside other tech giants as gatekeepers, subjecting 22 of their core platform services to DMA regulations.
Apple had appealed the designation of iMessage and iPadOS, while Microsoft contested the designation of Edge, Bing and Ads. The Commission accepted their arguments, except for iPadOS, which is still under review.
Despite the approaching compliance deadline on 6th March, some designated gatekeepers like Google have already announced plans to comply with the DMA.
The EC said in a statement: "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.
"The Commission will continue to monitor the developments on the market with respect to these services, should any substantial changes arise. The decisions do not affect in any way the designation of Apple and Microsoft as gatekeepers on 5 September 2023 as regards their other core platform services."
Apple's policy changes
Apple recently announced policy changes for iOS, the App Store and Safari in the EU. However, critics, including Matthias Pfau, CEO of secure messaging service Tuta, have accused Apple of "malicious compliance," describing its response to the DMA as arrogant.
Pfau criticised Apple for its restrictive rules, particularly regarding app sideloading and alternative payment methods. He stated that Tuta will not offer its app on the iOS App Store due to Apple's harmful policies.