EU General Court upholds Apple’s gatekeeper designation under Digital Markets Act News
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EU General Court upholds Apple’s gatekeeper designation under Digital Markets Act

The General Court of the EU on Wednesday dismissed Apple’s challenge to its designation as a “gatekeeper” under the bloc’s Digital Markets Act (DMA), handing the European Commission a significant victory in one of the first major judicial tests of the law.

In Joined Cases T-1079/23, T-1080/23, and T-214/24, the court rejected Apple’s challenge to the Commission’s September 5, 2023 gatekeeper designation, confirming the Commission’s authority to classify the App Store and iOS operating system as core platform services subject to DMA obligations. The court also ruled inadmissible Apple’s challenges concerning the Commission’s classification of iMessage as a core platform service.

A central issue was whether Apple’s five App Store variants, covering versions for iPhone, iPad, Mac, Apple Watch and Apple TV, should each be assessed independently for the usage thresholds that trigger gatekeeper status. Apple argued that only its iPhone App Store met those thresholds and that the other versions should be treated as separate services. The court rejected that argument.

“[E]ach of the App Stores was used for the same purpose, namely to intermediate between end users and business users in the distribution of applications and in-app digital content,” the court said, finding that differences between each of the App Stores related to the nature, function, and usage of the various devices rather than the provision of distinct services.

On iMessage, the court found Apple’s related actions inadmissible. Although the Commission initially classified iMessage as a “number-independent interpersonal communications service,” it decided in February 2024 not to formally designate it as a gatekeeper service. Because that preliminary classification does not impose DMA obligations, the court found it produced no binding legal effects subject to judicial challenge.

The DMA, adopted in 2022, requires companies designated as gatekeepers to comply with obligations designed to ensure fair competition in digital markets, including allowing third-party app distribution and giving users greater choice over pre-installed applications. Apple is one of seven companies currently designated as a gatekeeper under the law, alongside Alphabet, Amazon, ByteDance, Meta, Microsoft and Booking.

Apple did not immediately respond to a request for comment. The company may bring an appeal before the Court of Justice of the European Union on points of law only, within two months and ten days of notification. Wednesday’s ruling does not resolve questions about Apple’s ongoing compliance with its DMA obligations.

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