Apple’s legal challenge of the EU’s Digital Markets Act was filed in November 2023, but no details were available to the public at the time. Now, it’s clear that Apple claims the European Commission got it wrong and made “material factual errors, in concluding that the applicant’s five App Stores are a single core platform service”, Apple said in its plea to the Luxembourg-based General Court (Europe’s second-highest).
Apple disagrees with the EU officials on one more thing – the US giant disputes the characterisation of its operating system iOS as an important gateway for business users to reach end users and the interoperability obligation that goes with that label.
How many App Stores are there?
According to Apple, there seem to be five App Stores, one for each line of products:
- iPhones
- iPads
- Mac computers
- Apple TVs
- Apple Watches
They are separately designed to distribute apps for a specific operating system and Apple device, claims Apple.
Apple’s challenge also took issue with the EU Commission’s designation of the messaging service iMessage as a number-independent interpersonal communications service (NIICS) that prompted an EU investigation into whether it should comply with DMA rules. Apple claims that iMessage is not a NIICS as it is not a fee-based service and it does not monetise it via the sale of hardware devices nor via the processing of personal data.
What is the Digital Markets Act?
The DMA (Digital Markets Act) was created with the intention of bringing some order to the chaotic, bustling ecosystem of the digital market. A central role in the DMA is reserved for the towering creatures of this realm – the ‘gatekeepers’, as they’re dubbed. Long story short, these mammoths can include search engines, app stores, and messenger services.Now, these mighty gatekeepers are to be gently stimulated into compliance with a set of guidelines – the do’s and don’ts of the DMA. They must graciously allow the smaller creatures of the digital world – third-party businesses and services – to be a part of their vast infrastructures and thrive to an extent. The gatekeepers should provide access to data and advertising tools.
The list of no-no’s includes no more preferential treatment for their own stuff over others on their platform, no stopping consumers from finding deals elsewhere, no blocking folks from ditching pre-installed apps, and no tracking users for targeted ads without proper consent. It’s a (digital) jungle out there!
