Apple Loses EU Court Challenge Over Gatekeeper Status Under the DMA
Apple has spent two years arguing that Europe’s digital rulebook should not apply to it in quite the way Brussels insists. On Wednesday, the EU’s General Court told it, in effect, that it does.
The Ruling
The court threw out Apple’s challenge to being labelled a gatekeeper under the Digital Markets Act (DMA), the designation that ties the App Store and iOS to a long list of obligations built to give rivals a way in. It was a clean loss on the points the court was willing to hear.
Apple’s Argument
Apple’s core argument was about how you count a company. It said its various devices, including the iPhone, iPad, Mac, Apple Watch, and Apple TV, ought to be treated as separate services rather than grouped together, which would have limited what the rules could reach.
However, the judges were not persuaded, finding that Apple’s app stores all perform the same function of connecting developers with users—a crucial aspect of the long-running debate over third-party app stores.
Unresolved Complaints
One strand of the case never received a proper hearing. The court decided Apple’s complaints about iMessage were inadmissible, leaving that particular issue unresolved.
Implications of Gatekeeper Status
Being designated a gatekeeper obliges Apple to:
- Let rival app stores onto iOS.
- Allow developers to direct users towards cheaper payment options.
- Open some of its services to competitors, which it has resisted doing.
While some of this has already occurred, Apple has implemented these changes with fees and warnings that developers say diminish their effectiveness.
Legal Battles Ahead
Apple is not the only one testing the law in court. Since the DMA took effect in May 2023, Meta, ByteDance, and Apple have all launched challenges, with varying outcomes.
Only last month, the same court partially sided with Meta, freeing its Marketplace from the rules while keeping Messenger within them. Apple’s defeat stands out more significantly due to the timing.
Apple faces ongoing Commission findings that its App Store still blocks developers from steering users to cheaper alternatives and has withheld several features from EU users during legal disputes over interoperability.
Further Appeals
Apple can still take the ruling to the Court of Justice of the European Union, the bloc’s highest court, but only on points of law rather than a new review of the facts.
The dispute carries geopolitical implications as well. Washington has expressed concern about European rules that disproportionately affect American companies, and each ruling adds to the tension. For the Commission, this win is significant, reinforcing its central designation.