Apple Still Designated a Gatekeeper
Apple’s challenge against the EU’s designation of its App Stores and iOS platform as “gatekeepers” was dismissed by Europe’s top court on Wednesday, reports Reuters.
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The company also disputed the classification of iMessage as a number-independent interpersonal communications service, or NIICS, which would subject the app to EU telecoms rules. But the General Court said Apple’s actions regarding the iMessage service are inadmissible.
Back in 2023, Apple acknowledged that it qualified under the then-new definition of being what the EU called a gatekeeper service. But key to that is the size of the operation, and since 2024, Apple has been claiming it runs five smaller App Stores rather than one large one.
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“Irrespective of the devices in question,” ruled the judges, “those stores have the same purpose, namely to connect app developers with end users in order to facilitate the distribution of software applications.”
Apple disagreed with the decision but didn’t say yet if it would appeal. “We firmly believe the DMA’s mandate goes beyond what is lawful and proportionate, threatening to erode decades of privacy and security protections we’ve built and leaving our users vulnerable to new risks,” an Apple spokesperson said in a statement to multiple outlets. “We will continue advocating for the innovation and privacy our European customers deserve.”
Apple still has two cases pending with EU courts. The first is a challenge to the EU Commission’s decision last year forcing Apple to open iOS to third-party developers, and the second is an appeal against the €500 million fine imposed in April last year for anti-steering violations.
Previously:
- EU Fines Apple and Meta Over DMA Violations
- DMA Compliance: Watch and Headphone Interoperability
- iPadOS Also a Digital Gatekeeper in EU
- DMA Gatekeepers Designated
