Apple And Microsoft Win Exemption From The EU For iMessage And Bing

(CTN News) – Microsoft and Apple have won exemptions from new EU technology rules for their Bing search engine and iMessage, respectively. These companies have convinced antitrust regulators that their services do not serve as gateways to end users for businesses.

Under the Digital Markets Act (DMA), which will take effect in three weeks, Microsoft, Apple, Alphabet’s Google, Amazon, Meta Platforms, and ByteDance must make it easier for users to switch to rival platforms by allowing third-party apps or app stores on their platforms.

Furthermore, the companies are prohibited from favoring their services over those of their competitors.

An investigation conducted by the European Commission over a five-month period concluded that iMessage, Bing, Edge, and Microsoft Advertising were not gatekeeper services.

Apple’s App Store, iOS operating system, and Safari browser will continue to be classified as gatekeepers, as will Microsoft’s Linkedin social network and Windows operating system.

The Commission stated that it had evaluated “all arguments, taking into account input from relevant stakeholders”, without providing further details about the arguments put forward by the companies.

The company has stated that iMessage usage is negligible, even on its devices, compared to rival messaging services in the EU and that the service is not a significant channel for businesses to reach EU citizens.

According to an Apple spokesperson, consumers today have access to a wide variety of messaging applications and often use many at the same time.

Microsoft has stated that Bing, Edge, Apple and Microsoft Advertising are competitors in the market. They are relatively small scale, meaning they do not serve as significant gateways to businesses.

Keeping the DMA in mind, Microsoft will continue to engage with the Commission and Apple industry at large to ensure Microsoft’s other designated platforms are fully compliant, according to a Microsoft spokesperson.

The International Center for Law and Economics’ Lazar Radic said that this is a good sign that the Commission has taken into account market realities rather than simply labeling iMessage as a gatekeeper.

In light of this, it appears that the Commission has the capacity to avoid the temptation of overregulation.”

However, the Coalition for Open Digital Ecosystems (CODE), whose members include Google, Meta Platforms, and Qualcomm, disagreed with the Commission’s decision to exempt such services.

In a statement, the organization stated that the decision of today undermines the objectives of the DMA, as well as its potential to improve choice and contestability for all Europeans.

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