Apple’s iMessage
The European Union has accepted Apple’s argument that iMessage isn’t used enough to require that it be interoperable with third-party messaging services.
In 2022, the EU passed its Digital Markets Act, which sets certain constraints on what it defines as “gatekeeper” keeper services. These included App Store and also messaging services, and initially Apple confirmed that its iMessage qualified for the EU’s definition.
Apple later walked that back, however, and argued that iMessage specifically in Europe was too little used to meet the EU’s threshold for gatekeeper status. In September 2023, both Apple’s iMessage and Microsoft’s Bing were given a reprieve while the firms’ arguments were heard.
Now the EU has announced that it has closed the investigation into both of these services.
“In its decision of 5 September 2023,” says the European Commission’s daily news report, “the Commission considered that the rebuttal requests made by Apple and Microsoft deserved an in-depth analysis.”
“Following a thorough assessment of all arguments, taking into account input by relevant stakeholders, and after hearing the Digital Markets Advisory Committee,” it continues, “the Commission found that iMessage, Bing, Edge and Microsoft Advertising do not qualify as gatekeeper services.”
The EU had initially established that iMessage, and the other services, had “met the quantitative thresholds” as defined in the Digital Markets Act. However, it says that Apple’s “rebuttal arguments” gave an explanation for “why despite meeting the quantitative thresholds, these four core platform services should not, in their view, qualify as gateways.”
As yet the European Commission has not detailed those rebuttal arguments regarding iMessage. It says that “non-confidential versions of the decisions” will be published.
“The Commission will continue to monitor the developments on the market with respect to these services, should any substantial changes arise,” it continues. “The decisions do not affect in any way the designation of Apple and Microsoft as gatekeepers on 5 September 2023 as regards their other core platform services.”
Those other core platform services include the App Store, where Apple has ultimately been unsuccessful in arguing against the EU’s ruling.
