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Apple's iMessage And Microsoft's Bing Exempted From New EU Tech Rules

The decision came as a result of the European Commission's closure of four market investigations initiated under the Digital Markets Act.

<div class="paragraphs"><p>(Source: Unsplash)</p></div>
(Source: Unsplash)

The European Commission on Tuesday announced that Apple's iMessage and Microsoft's Bing search engine would not be subject to new EU tech rules.

The decision came as a result of the European Commission's closure of four market investigations initiated under the Digital Markets Act on Sept. 5, 2023.

The investigations aimed to determine whether Apple and Microsoft should be designated as gatekeepers for specific core platform services, including iMessage, Bing, Edge web browser, and Microsoft Advertising.

What Are Gatekeepers?

The Digital Markets Act sets rules for big digital platforms, called "gatekeepers", offering core services like search engines and app stores. Gatekeepers must follow the DMA's do's and don'ts.

This law is one of the first to regulate major digital companies' power, working alongside existing EU competition rules.

Who Are These Gatekeepers?

In September last year, the European Commission designated six companies—Alphabet Inc., Amazon.com Inc., Apple Inc., ByteDance Ltd., Meta Platforms Inc., and Microsoft Corp.— as gatekeepers under the DMA. These gatekeepers have 22 core platform services designated. They were given six months to comply with DMA obligations for each service.

This decision came after a 45-day review, following notifications by these companies. Microsoft and Apple faced further market investigations to assess if some of their services, despite meeting thresholds, should be designated as gateways.

These investigations have now concluded in favour of Apple and Microsoft.

The Commission found that Gmail, Outlook.com, and Samsung Internet Browser met DMA thresholds, but decided not to designate them as core platform services after companies provided justified arguments.

Details Of Commission's Investigation

Apple and Microsoft had notified the Commission in July 2023 about these services meeting certain criteria, and alongside, they presented arguments explaining why these services shouldn't be considered gateways.

After a comprehensive analysis, considering input from stakeholders and insights from the Digital Markets Advisory Committee, the Commission concluded in its decision that iMessage, Bing, Edge, and Microsoft Advertising do not qualify as gatekeeper services.

This decision doesn't alter the prior designation of Apple and Microsoft as gatekeepers for their other core platform services on Sept. 5, 2023. The Commission said that it will continue to observe market developments related to these services for any significant changes.

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