In 2023, the European Union classified iOS, the App Store, and Safari as "gatekeepers." Apple has expressed dissatisfaction with the regulations that accompany this designation and has engaged in a prolonged legal conflict.
Apple contended that it operates five distinct app stores—one for each of its devices: iPhones, iPads, Apple Watches, Apple TVs, and Macs. The company argued that these should not be regarded as a single Core Platform Service (CPS), which the Digital Markets Act (DMA) defines as services that play a crucial role as intermediaries between online service providers and consumers. In Apple’s view, only the iOS App Store met the criteria, while the other app stores should be exempt from DMA regulations.
Judges from the EU General Court disagreed, 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 Apple retains the option to appeal to the EU Court of Justice. The company is currently contesting a decision that would require it to provide third-party services with access to technical documentation and certain iOS features.
Although iMessage has not been designated as a gatekeeper, the European Commission has classified it as a “number-independent interpersonal communications service” (NIICS). Apple’s attempts to challenge this classification were rejected by the court, which ruled that labeling iMessage as a NIICS “does not, by itself, produce binding legal effects that bring about a change in Apple’s legal position.”
In summary, under the Digital Markets Act (DMA), Apple is considered a gatekeeper, and the App Stores—regardless of their specific devices—must be treated as a singular Core Platform Service. Consequently, the App Store must comply with the interoperability requirements outlined in the DMA.
As for iMessage, it currently does not fall under the DMA regulations; however, Apple’s unsuccessful efforts to discard the NIICS classification could lead to future scrutiny. An appeal against a €500 million fine relating to anti-competitive steering practices is also still in progress.
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