The European Commission has decided not to categorize Apple's iMessage as a "core platform service" under the Digital Markets Act (DMA), sparing it from stringent obligations, including interoperability requirements with other messaging services. Microsoft's Edge browser, Bing search engine, and advertising business also avoided the core platform service designation. The decision follows a five-month investigation, and while Apple and Microsoft welcomed the ruling, Google expressed disappointment with the exclusion of popular services.
Exclusion from Core Platform Service Designation: Despite meeting the quantitative thresholds for core platform service designation, iMessage, Bing, Edge, and Microsoft Advertising were not deemed gatekeeper services by the European Commission. The decision, based on a thorough assessment, stakeholder input, and discussions with the Digital Markets Advisory Committee, means these services won't face the additional regulatory scrutiny and obligations outlined in the DMA.
Meta's Designation and Interoperability Efforts: In contrast, Meta saw two of its messaging platforms, WhatsApp and Messenger, designated as core platform services under the DMA. Meta has been actively working to make these messaging services interoperable with third-party platforms, allowing users to communicate across different services. Companies seeking interoperability with Meta's messaging apps are required to sign agreements and adhere to specified terms.
Apple's RCS Support and Regulatory Timing: During the period of regulatory scrutiny, Apple announced support for the cross-platform RCS (Rich Communication Services) messaging standard on iPhones. This move coincided with the regulatory investigation into iMessage and, notably, occurred on the deadline for appealing the DMA designation. Apple clarified that RCS would complement iMessage, emphasizing that iMessage would remain the preferred and secure messaging experience for Apple users.
Criticism and Compliance Challenges: While iMessage avoids the regulatory burden of DMA compliance, Apple's Safari browser, iOS operating system, and App Store must adhere to the strictest requirements when the DMA comes fully into force on March 7th. Apple has recently announced changes to comply with the DMA, including allowing alternative app stores and browser engines. However, critics, including Epic Games CEO Tim Sweeney and Spotify, have expressed dissatisfaction with Apple's compliance approach, particularly the Core Technology Fee, which has been criticized as "extortion."
Conclusion: The European Commission's decision not to designate iMessage as a core platform service reflects the complexities of regulatory assessments in the digital landscape. As Apple and other tech giants navigate compliance challenges under the DMA, the outcomes will shape the future regulatory landscape and interactions between digital platforms, services, and their users.
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