EU General Court Upholds Apple Gatekeeper Designation

The General Court of the European Union rejected legal challenges from Apple Inc. regarding its designation as a gatekeeper under the Digital Markets Act (DMA). The Luxembourg-based court upheld a September 2023 decision by the European Commission that classified the iOS operating system and Apple's App Stores as core platform services. While Apple argued that its app stores for iPhone, iPad, Mac, Apple Watch, and Apple TV should be evaluated independently, the court ruled they serve the same purpose of connecting developers with users and must be treated as a unified service.

The court also dismissed Apple's challenges regarding the iMessage service as inadmissible, noting that the service was not listed as an important gateway. Furthermore, the tribunal rejected claims that DMA interoperability rules violated fundamental rights. This ruling establishes a procedural precedent that prevents gatekeepers from challenging DMA obligations in the abstract, forcing companies to wait for specific enforcement decisions before litigating. This narrows legal options for other technology firms such as Google, Amazon, and Microsoft.

Apple argued that the DMA's mandate exceeds legal bounds and threatens user privacy and security. The European Consumer Organisation welcomed the decision, stating that a different outcome would have jeopardized the impact of the DMA. Apple remains subject to obligations, including permitting alternative app marketplaces, but may appeal the decision to the Court of Justice of the European Union.