Two weights, two measures ? The European Commission announced on February 13 that the Digital Markets Act (DMA) regulations will not affect the instant messaging application iMessage.
The new European text, which is due to come into force on March 7, provides for interoperability for several major messaging services. The companies concerned will have to thus “opening up and interoperating with small messaging platforms, if they request it”under penalty of sanctions by European justice.
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A lack of popularity winning for Apple
For several months, Apple's argument was to assert that iMessage was not popular enough in Europe, and that it was a function integrated into the SMS application instead of being a service completely distinct. The DMA sets a threshold of 45 million monthly active users and 10,000 professional users to be designated as “gatekeeper”, and be in fact subject to interoperability.
On the other hand, other services from the Apple brand will remain subject to the DMA, because they are considered “essential platform services”. This is the case for the App Store and Safari. At the end of January, Apple indicated that iPhones marketed in Europe will be able to have application stores competing with the App Store, but with new constraints.
Microsoft Bing not representative enough of the market
In its decision, the European Commission also announced that it had “market investigations closed” launched at the beginning of September for Microsoft, on its Bing search engine, its Edge browser and Microsoft Advertising advertising services. As with iMessage, the authority was not able to establish enough elements to designate these as “essential platform services”.
To exempt itself from DMA regulations, Microsoft argued that its search engine only represented 3% of the market, which represents nothing compared to that of Google. The Windows operating system remains subject to the DMA, as does the social network LinkedIn.
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An exemption that could be reassessed
Less than a month before European regulations come into force, major tech players are working to comply. Last week, WhatsApp indicated that it would open its instant messaging service to other applications. At the end of January, Meta announced that its users would be able to dissociate their Facebook and Instagram accounts.
Concerning the exemption of iMessage and Bing from the DMA, the European Commission expresses some reservations, indicating that it “will continue to monitor market developments with respect to these services, should substantial changes occur”. In other words, in the event of a significant change in market shares, the decision could be reviewed.
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