In 2023, the European Union designated iOS, the App Store, and Safari as "gatekeepers" under the Digital Markets Act (DMA). Apple has expressed dissatisfaction with the regulations associated with this designation and has engaged in a protracted legal battle.
Apple contended that it operates five distinct app stores—one for each of its platforms: iPhones, iPads, Apple Watches, Apple TVs, and Macs. The company argued that these should not be classified as a single Core Platform Service (CPS), which serves as a critical intermediary between online businesses and end users. According to Apple, only the iOS App Store qualifies as a CPS, while the other app stores should be exempt from DMA regulations.
However, judges from the EU General Court rejected Apple's argument, stating: “Irrespective of the devices in question, those stores have the same purpose, namely to connect app developers with end users in order to facilitate the distribution of software applications.”
This ruling comes from the EU's second-highest court, and while Apple has the option to appeal to the EU Court of Justice, it is currently contesting another ruling that would require it to provide technical documentation and iOS features to third-party services.
Furthermore, iMessage has not been classified as a gatekeeper. The European Commission has termed it a “number-independent interpersonal communications service” (NIICS). Apple attempted to overturn this classification, but the court ruled that designating iMessage as a NIICS “does not, by itself, produce binding legal effects that bring about a change in Apple’s legal position.”
In summary, Apple is considered a gatekeeper under the DMA, and its App Stores, irrespective of the specific devices they cater to, must be regarded as a single Core Platform Service. Consequently, the App Store must adhere to the interoperability mandates outlined in the DMA.
Regarding iMessage, while it has not yet been subjected to DMA regulations, Apple’s efforts to avoid the NIICS label have proven unsuccessful, potentially paving the way for future scrutiny. An appeal against a €500 million fine for anti-competitive steering policies remains pending.
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