Following months of investigation, the European Commission has confirmed that it will not designate Apple's iMessage instant messaging platform as a gatekeeper, saving it from regulation that would require it to be opened up to third parties.
The commission had been discussing whether iMessage met the minimum threshold to be called a gatekeeper in the messaging space, with Microsoft's Bing also under investigation for its place in the search market. Microsoft's Edge browser and advertising business was also under investigation.
Following the news that WhatsApp was already working on interoperability that would have allowed iMessages to be sent and received via its app, this move will mean that it will not be a stealthy way for lawmakers to bring iMessage to Android after all.
Investigation closed
The European Commission confirmed that it had closed its investigation via a press release, noting that it had been running since September 5, 2023.
"The decisions conclude the Commission’s investigations opened following the notification by Apple and Microsoft in July 2023 of the core platform services that met the quantitative thresholds," the release explains. "Among these notified services were also the four services concerned by today’s decisions. Together with the notifications, Apple and Microsoft also submitted so-called ‘rebuttal’ arguments, explaining why despite meeting the quantitative thresholds, these four core platform services should not, in their view, qualify as gateways."
The commission wasn't convinced about Apple's claims that iMessage didn't meet the criteria to be named a gatekeeper and has been investigating since September.
However, it should be noted that Apple isn't necessarily in the clear for good — the commission "will continue to monitor the developments on the market with respect to these services, should any substantial changes arise."
In this instance it was deemed that the low-level business use of iMessage means that it falls outside of the scope of the DMA's powers, but whether that remains the case moving forward only time will tell.
