iMessage and DMA: Apple wins against the European Union

Good news for the Apple firm regarding its messaging application for iPhone. We have just learned that she is ultimately not concerned by theDigital Market Act. The latter was voted on by the European Union in 2022 and as a reminder defines new directives for large digital players, such asAmazon,Google, Apple or evenFacebook. Furthermore, only those with at least 45 million users are affected by thelaws put in place by Commissioner Thierry Breton and his teams.

The DMA aims to rebalance the digital market in Europe, in particular by preventing the closure of certain ecosystems such as that of Apple. The European Union wanted to impose several measures on Cupertino, but ultimately not all of them will be applied. Apple has already been forced, among other things, to equip iPhones with USB-C to the detriment of its legendary Lightning. In addition, it must also open the App Store to competition.

The first point is done and there is no longer any resistance from Apple to this measure. Regarding the App Store however,Apple recently announced its new guidelineswhich were supposed to be in accordance with European Union laws according to them, but some did not agree.Many big bosses have indeed pointed the finger at the new App Store policies, notably that ofSpotify, calling them“complete and utter farce”.

La commissionalso wanted to force Apple to open iMessage to competition in the EU, but the firm strongly contested this, asserting that iMessage did not fall within the application criteria of the new measures.

No DMA for iMessage

The European Union had previously affirmed that iMessage fell within the scope of its law, in particular because of its number of users which exceeds 45 million. Today, it reversed its decision, after Apple provided arguments that pushed the commission to reconsider its initial judgment.

Among Apple's arguments, there is for example the fact that iMessage in Europe reaches more than 45 million users,because it is installed natively on iPhones, but in reality, few people use it. Furthermore, given that it comes free with iOS, it should not, according to Cupertino, be considered a paid service in the same way as the others.

In its latest report, the EU validates Apple's arguments:

After a thorough evaluation of all arguments, taking into account the contributions of relevant stakeholders, and after hearing the Digital Markets Advisory Committee, the Commission has concluded that iMessage, Bing, Edge and Microsoft Advertising are not considered to be access control services.

As a reminder, theDMA has been effective since September 6, 2023,but the companies concerned hada period of 6 months from this date to comply.Furthermore, even if Apple won against the EU for iMessage, a senator has once again complicated its task regarding its messaging application, but this time at Uncle Sam's house. Apple's lawyerswent back for a ride!

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By : Keleops AG