Microsoft and Apple reportedly want Bing and iMessage, respectively, off the European Union’s “gatekeepers” list. Both the companies argue that their respective services are not large or powerful enough to justify the inclusion in purview of the Digital Markets Act, which was signed into law by the European parliament and the Council of the European Union in September 2022.
DMA accounts for the largest digital platforms in the EU and refer to them as the “gatekeepers.” The law is designed to promote fair competition by defining regulations on how digital gatekeepers can use people's data. Applicable to digital platforms, the gatekeepers list includes big tech companies such as Amazon, Alphabet, Meta, Samsung, Microsoft, and Apple. Though applicable from May 2, 2023, the commission is yet to determine which services offered by the included digital gatekeepers should be covered. Once the EU has designated its gatekeepers, they will have six months, or until March of 2024, to comply with the DMA’s rules.
Microsoft argues that Bing would lose to its competitors like Google search engine in the coming time, considering Bing has only a small share of the search market – nearly 3 per cent. Thus, it cannot be brought in under the same rule as applicable on Google.
Likewise, Apple is arguing that its iMessage service does not come under the DMA rules since its user base is not as large compared to other messaging services such as Meta’s WhatsApp.
The digital gatekeeper list is awaited on September 6, and some of its rules can hit hard as companies would not be allowed to favour their own services over rivals' or prevent users from removing pre-installed software or apps.
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