In 2023, the European Union designated iOS, the App Store and Safari as “gatekeepers”. Apple has been uncomfortable with the principles this designation entails and has been combating a long legal battle.
Apple tried to argue that it in fact has five app stores – one every for iPhones, iPads, Apple Watches, Apple TVs and Macs – and that they must still no longer be handled as a single Core Platform Service (CPS). These are services which “play an essential role as an intermediary between businesses wishing to offer their services online to end customers.” And in Apple’s watch, only the iOS App Store met that threshold, while the other app stores did not and might not fall under the DMA principles.
Judges from the EU General Court disagreed, announcing: “Regardless of the devices in question, those stores have the same purpose, namely to connect app developers with end customers so as to facilitate the distribution of software applications.”
Here is the EU’s second-highest court, and Apple can still appeal to the EU Court of Justice. Apple is currently appealing a ruling that will force it to release technical documentation and iOS materials to 3rd-party services.
As you can see, iMessage is not designated as a gatekeeper. However, the European Commission has now argued that iMessage is a “number-independent interpersonal communications service” (NIICS). Apple tried to appeal this decision, however the court ruled that the classification of iMessage as a NIICS “does not, by itself, create binding legal effects that result in a change in Apple’s legal position.”
In summary, Apple is a gatekeeper under the terms of the Digital Markets Act (DMA) and the App Stores (regardless of which Apple devices they serve) must be handled as a single Core Platform Service. As such, the App Store is required to comply with the interoperability obligations detailed in the DMA.
As for iMessage, it has not fallen under DMA regulations yet. However, Apple’s preemptive attempt to avoid the NIICS designation has failed – and this opens iMessage to future investigations.
An appeal against the €500 million fine for anti-competitive steering practices remains pending.
