iMessage and Bing Are Spared as EU Tightens Tech Giant Regulations

In a recent development that signals relief for some major players in the tech industry, the European Union has chosen to exempt Apple's iMessage and Microsoft's Bing from a set of stringent new rules designed to regulate the operations of the tech titans. This decision arrives as the EU prepares to enforce the Digital Markets Act (DMA) from next month, introducing a comprehensive framework to ensure that the giants of the digital world conduct business fairly and competitively.

The EU's approach towards regulating digital services is a landmark initiative, with the Digital Markets Act at the forefront of efforts to establish fair play in the tech industry. Under the act, companies identified as "gatekeepers" are subject to a series of do's and don'ts that significantly shape their operations within the European Union. In a move that could shape the tech landscape, the European Commission listed 22 "core" services in September provided by key industry players—Google, Amazon, Apple, ByteDance, Meta, and Microsoft—that would be required to adhere to the new rules.

However, the fate of certain services was still under investigation, with the European Commission evaluating whether Apple's iMessage, Microsoft's Bing, Edge browser, and their advertising service should fall under the DMA legislation. In a recent statement, the Commission revealed the closure of these investigations, concluding that neither Apple nor Microsoft should be designated as gatekeepers for these particular services. This means iMessage and Bing, among others, will not be subject to the stringent requirements that impact gatekeeper services.

The Commission's decision has been well received by Apple and Microsoft. Apple praised the Commission's agreement with their standpoint on iMessage, emphasizing the diversity and competitiveness of the messaging app market. Apple points to the ease with which users can switch between various messaging platforms, a clear indication of a competitive environment. Microsoft, too, has welcomed the Commission's conclusion, which recognizes Bing, Edge, and their advertising services as challengers in the market, rather than dominant gatekeepers.

The DMA addresses several key issues within the digital market, notably, the need for interoperability between applications. It stands for the principle that users should be able to communicate across different messaging platforms, an endeavour that can drastically change the user experience on the internet. This aligns with the EU's broader goals as evidenced by its robust legal framework to take on internet companies, which includes the DMA and its companion law, the Digital Services Act (DSA).

The DSA further tightens the leash on digital services by demanding more aggressive online content policing by popular social networks and websites, coupled with enhanced consumer protection during online shopping.

The duo of the DMA and DSA illustrates the EU's commitment to constraining the influence of tech giants and altering the way they operate globally. The exemption of iMessage and Bing from being designated as gatekeepers under the DMA is significant, enabling these services to operate with more flexibility, even as their parent companies brace for comprehensive compliance with EU regulations in other areas.