EU may add Apple, Microsoft, Amazon and others to digital market law ‘gatekeeper’ list

Following the activation of the Digital Market Act, the European Union has embarked on investigations to ascertain which enterprises’ products and services may harbor monopolistic tendencies. Notably, both Microsoft and Apple appear to emphasize that their market share is insufficient to constitute a monopoly.

According to the Financial Times, the EU is poised to unveil a list of service providers within its jurisdiction who possess a “gatekeeper” stature. This list purportedly includes Apple, Microsoft, Amazon, Alphabet (Google’s parent company), Meta, Samsung, and ByteDance. The services offered by these entities might very well be incorporated into this list.

Should a service provider be conclusively listed by the EU as violating the Digital Market Act, they would be compelled to modify their operational methods by March 2024. Additionally, a six-month grace period will be provided to ensure compliance with EU regulations.

In particular, Microsoft might face scrutiny due to the market influence of Windows. However, they are likely to accentuate the limited use of their Bing search service within the EU, thus negating claims of monopoly. While Apple may come under the EU’s microscope due to the operational model of the App Store, it’s anticipated that they would emphasize the relatively minor market share of iMessage. On another note, in response to EU demands, Apple might consider allowing sideloading of third-party apps on iOS or accommodating third-party app stores.

As previously articulated, the Digital Market Act aims to thwart technological enterprises from monopolizing the EU market, while the Digital Service Act seeks to prevent tech entities from influencing competition within service and digital advertising content, also ensuring the protection of individual privacy.

Under the new legislation, tech firms designated as “gatekeepers” would be required to permit users to download and install content through third-party app stores or directly sideload software. Moreover, they must allow developers to incorporate third-party payment systems within their software services and promote their services beyond the platforms provided by the “gatekeepers.”

Furthermore, “gatekeepers” should grant developers access to their software services, integrating functionalities like SMS transmission, call functionalities, and more. Developers must also be allowed to tap into hardware features, such as NFC, security components, or full processor computational abilities.