Big relief! Apple, Microsoft win exemptions from EU rules

Apple and Microsoft have secured exemptions for their iMessage and Bing search engine respectively from new EU tech regulations, after successfully convincing antitrust regulators that their services do not serve as gateways for businesses to reach end-users.

The European Union's Digital Markets Act (DMA), set to take effect in three weeks, mandates tech giants like Apple, Microsoft, Google, Amazon, Meta Platforms, and ByteDance to allow third-party apps or app stores on their platforms and facilitate user switching to competitors. Additionally, these companies are barred from favoring their services over rivals.

Following a comprehensive five-month investigation, the European Commission concluded that iMessage, Bing, Edge, and Microsoft Advertising "did not meet the criteria for gatekeeper services." Apple's App Store, iOS operating system, and Safari browser, along with Microsoft's LinkedIn social network and Windows operating system, remain classified as gatekeepers.


Apple argued that iMessage usage is minimal compared to rival messaging services in the EU and is not a significant channel for businesses to reach users in the bloc. Similarly, Microsoft contended that Bing, Edge, and Microsoft Advertising are relatively small-scale players in the market and do not function as crucial gateways for business users.

The Commission's decision to exempt iMessage and Bing indicates a consideration of market dynamics rather than a blanket application of the "gatekeeper" label. Antitrust experts like Lazar Radic view this as a positive step, indicating the Commission's avoidance of over-regulation based solely on quantitative thresholds.

However, the Coalition for Open Digital Ecosystems (CODE), which includes Google, Meta Platforms, and Qualcomm, expressed disagreement with the Commission's decision, arguing that it undermines the DMA's objectives and its potential to enhance choice and competition for European consumers.