In 2023, the EU designated iOS, the App Store, and Safari as “gatekeepers”. Apple is unhappy with the rules of this designation and is waging a lengthy legal battle.
Apple tried to argue that it actually has five App Stores – one each for iPhone, iPad, Apple Watch, Apple TV, and Mac – and that they should not be treated as a single Core Platform Service (CPS). These are services that “play an indispensable role as intermediaries between businesses wishing to provide their services online and end users.” And in Apple’s view, only the iOS App Store exceeded that limit, while other App Stores did not and should not fall under DMA rules.
The judges of the EU General Court disagreed, saying: “Regardless of the respective devices, those stores have the same purpose, namely to connect app developers with end users to facilitate the distribution of software applications.”
This is the EU’s second highest court and Apple can still appeal to the EU Court. Apple is currently appealing the decision that would force it to open up technical documentation and iOS features to third-party services.
As you can see here, iMessage is not designated as a gatekeeper. However, the European Commission has now argued that iMessage is a “number-independent intercommunication service” (NIICS). Apple tried to appeal this decision, but the court ruled that classifying iMessage as a NIICS “does not in itself produce binding legal effects that alter Apple’s legal position.”
In short, Apple is a gatekeeper under the terms of the Digital Markets Act (DMA) and App Stores (regardless of which Apple devices they target) should be treated as a single core platform service. Thus, App Stores are required to comply with the interoperability obligations detailed in the DMA.
As far as iMessage is concerned, it is not yet covered under DMA rules. However, Apple’s preemptive effort to avoid the NIICS label has failed – and that leaves iMessage open to future investigation.
The appeal against the €500 million fine for anti-competitive steering policies is still pending.