The European Union’s General Court has recently reinforced the bloc’s regulatory authority by dismissing Apple’s challenge to its designation as a “gatekeeper” under the Digital Markets Act (DMA). This decision marks a critical juncture in the enforcement of the DMA, which is designed to ensure fair competition in digital markets.
Apple’s challenge was directly concerned with the European Commission’s classification of the App Store and the iOS operating system as core platform services subject to the obligations of the DMA. The ruling addressed several key aspects, including whether the five App Store variants, spanning the iPhone, iPad, Mac, Apple Watch, and Apple TV, should be independently assessed against usage thresholds that trigger gatekeeper status. Apple’s argument that only its iPhone App Store met these criteria, suggesting that other versions should be treated as distinct services, was rejected. The court found that all versions of the App Store function to intermediate between end users and business users in the distribution of applications and digital content, highlighting that differences were tied to device properties, not separate service provisions (JURIST).
The court also ruled inadmissible Apple’s challenges regarding the classification of iMessage. Although iMessage was initially viewed by the Commission as a “number-independent interpersonal communications service,” it was ultimately not designated as a gatekeeper service. The court thus determined that any preliminary classification had no binding legal consequences, precluding judicial review.
Introduced in 2022, the DMA mandates that companies like Apple, Alphabet, Amazon, ByteDance, Meta, Microsoft, and Booking comply with measures aimed at improving market competition. These include facilitating third-party app distribution and offering users greater options concerning pre-installed applications. The upholding of Apple’s gatekeeper status places additional scrutiny on its upcoming compliance strategies under the DMA.
The court’s decision may prompt Apple to consider an appeal to the Court of Justice of the European Union, restricted to legal points, and must be lodged within a specified time frame. Questions persist concerning Apple’s future adherence to DMA obligations, a vital element in the broader context of digital market regulation in Europe. Apple has not yet provided a public response to the ruling (Reuters).