In 2023, the European Union designated iOS, the App Store and Safari arsenic “gatekeepers”. Apple has been unhappy with the rules this designation entails and has been warring a lengthy ineligible battle.
Apple tried to reason that it successful information has 5 app stores – 1 each for iPhones, iPads, Apple Watches, Apple TVs and Macs – and that they should not beryllium treated arsenic a azygous Core Platform Service (CPS). These are services which “play an indispensable relation arsenic an intermediary betwixt businesses wishing to connection their services online and extremity users.” And successful Apple’s view, lone the iOS App Store cleared that threshold, portion the different App Stores did not and should not autumn nether the DMA rules.
Judges from the EU General Court disagreed, saying: “Irrespective of the devices successful question, those stores person the aforesaid purpose, namely to link app developers with extremity users successful bid to facilitate the organisation of bundle applications.”
This is the EU’s 2nd highest tribunal and Apple tin inactive entreaty to the EU Court of Justice. Apple is presently appealing a determination that would unit it to unfastened method documentation and iOS features to third-party services.
As you tin spot here, iMessage is not designated arsenic a gatekeeper. However, the European Commission has present argued that iMessage is simply a “number-independent interpersonal communications service” (NIICS). Apple tried to entreaty this decision, but the tribunal ruled that the classification of iMessage arsenic a NIICS “does not, by itself, nutrient binding ineligible effects that bring astir a alteration successful Apple’s ineligible position.”
In summary, Apple is simply a gatekeeper nether the presumption of the Digital Markets Act (DMA) and the App Stores (regardless of which Apple devices they target) should beryllium treated arsenic a azygous Core Platform Service. As such, the App Store is required to travel the interoperability obligations elaborate successful the DMA.
As for iMessage, it has not fallen nether DMA regulations yet. However, Apple’s preemptive effort to debar the NIICS statement has failed – and this opens iMessage to aboriginal investigations.
An entreaty against the €500 cardinal fine for anti-competitive steering policies is inactive pending.
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