2023-11-17 17:27:05
As announced last week, the Apple filed an appeal with the Court of Justice of the European Union questioning the decision regarding the application of the Digital Markets Law (Digital Markets Actor DMA). The agency designated the App Store, Safari and iMessage as gatekeepersessential digital services with a large number of users and market value.
Although there are no details about the subject of the appeal, it was previously speculated that the company will contest the scope of the app store’s designation as gatekeeper. In other words, the attempt will be to reduce the application of the law to, for example, only devices that have a high enough number of users to enter the classification, or other interpretations.
A @Apple (Cases T-1079/23 & T-1080/23), a #Bytedance (#TikTok) (T-1077/23) e a #Meta (T-1078/23) presented cases challenging decisions taken by the @EU_Commission under the Digital Markets Law#DigitalMarketsAct #DMA #Competition.
It is also possible that iMessage will join the appeal presented to the Court, as Apple has been questioning the designation relating to the messenger since the first announcements relating to the topic from the European Commission due to the number of users. The body even conducted an investigation to determine whether there was indeed a framework, producing a positive understanding.
According to the Archyde.comother companies with services also classified as gatekeepers They also filed appeals against Commission decisions. A Metato give you an idea, stated that he disagreed with the understanding that the Messenger and the Marketplace would enter the classification of the law, despite not having contested the same interpretation regarding the WhatsAppto the Instagram and to Facebook.
O TikTok — also considered gatekeeper —, in turn, stated that the bloc’s decision in relation to the network would risk consolidating the power of dominant technology companies. A ByteDancethe app’s controller, also filed an appeal with the CJEU.
The EU’s main objective with the DMA is to make large services interoperable with smaller ones, favoring competition and curbing monopolistic practices. In the case of the App Store, what displeases Apple most is the possibility that apps can be downloaded and transactions made outside the store and the company’s system, avoiding paying the commission charged by it. It has already been considered, however, that the company would be preparing to allow the sideloading.
Until the Court makes a decision reversing the Commission’s understanding, Maçã will need to comply with the determinations — although the deadline for implementing changes is still a few months away, only next year.
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#Apple #Court #question #application #DMA