The European Commission has today designated under the Digital Markets Act (DMA), Booking as a gatekeeper for its online intermediation service Booking.com and decided not to designate X Ads and TikTok Ads. In parallel, the Commission has opened a market investigation to further assess the rebuttal submitted in relation to the online social networking service X.Today's decisions follow a review process conducted by the Commission after receiving the notifications of the three companies regarding their potential status as gatekeepers on 1 March 2024.

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EU Commission Designates Booking as Gatekeeper, Launches Market Probe into X

The European Commission, in accordance with the Digital Markets Act (DMA), has officially recognized Booking as a gatekeeper for its online intermediation service Booking.com. However, X Ads and TikTok Ads were not designated as gatekeepers in the recent decision.

Concurrently, the Commission has commenced a market investigation to delve deeper into the rebuttal provided concerning the online social networking service X. This investigation aims to further evaluate the competitive landscape and potential gatekeeper status of X.

These developments come after a review process initiated by the Commission subsequent to receiving notifications from the three companies regarding their potential classification as gatekeepers on 1 March 2024. The decisions mark a significant step in the Commission's efforts to regulate digital markets and ensure fair competition.



Commission designates Booking as a gatekeeper and opens a market investigation into X

The  European Commission has launched two whistleblower tools for the Digital Services Act (DSA) and Digital Markets Act (DMA). The tools will make it possible for individuals to provide, without fear of reprisals,  information allowing to identify and uncover harmful practices of Very Large Online Platforms (VLOPs) or Search Engines (VLOSEs)  designated under the DSA, or any violations of the obligations of gatekeepers under the DMA.



Whistleblowers can provide relevant information anonymously or not, in any of the EU official language and in any relevant format (for example, reports, memos, email exchanges, data metrics, internal research, decisions or any relevant circumstances).



The whistleblower tools offer a secure way to report such information. All data is encrypted, ensuring robust protection and adherence to standard legal frameworks. The tools have been certified by an independent third party, guaranteeing the complete privacy of the whistleblower in all its communications with the Commission.



Individuals who encounter harmful practices by VLOPs or VLOSEs can, under the DSA, lodge complaints with their national Digital Services Coordinator. Any instance of non-compliance with the DMA by gatekeepers can be reported to the dedicated Commission contact point or to national competition authorities of their Member State where the complainant is based. More information is available at the Commission’s whistleblower tools website for DSA and DMA.

EU Commission Introduces Whistleblower Tools for Digital Regulations

The European Commission has introduced whistleblower tools for the Digital Services Act (DSA) and Digital Markets Act (DMA) to allow individuals to report harmful practices of Very Large Online Platforms (VLOPs) and violations by gatekeepers. Whistleblowers can provide information anonymously in any EU official language and format. The tools ensure secure reporting, with encrypted data and privacy protection certified by an independent third party. Complaints under the DSA can be lodged with national Digital Services Coordinators, while non-compliance with the DMA by gatekeepers can be reported to the Commission or national competition authorities. The tools aim to uncover harmful practices and ensure compliance with digital regulations.

Commission launches Whistleblower Tools for Digital Services Act and Digital Markets Act

The European Commission has today designated Apple with respect to iPadOS, its operating system for tablets, as a gatekeeper under the DMA. 



On 5 September 2023, the Commission designated Apple as a gatekeeper for its operating system iOS, its browser Safari and its App Store.



On the same day, the Commission opened a market investigation to assess whether Apple's iPadOS, despite not meeting the quantitative thresholds laid down in the DMA, constitutes an important gateway for business users to reach end users and therefore should be designated as a gatekeeper.  



On the basis of the findings of the investigation, the Commission concluded that iPadOS constitutes an important gateway for business users to reach end users, and that Apple enjoys an entrenched and durable position with respect to iPadOS.



Apple has now six months to ensure full compliance with the DMA obligations as applied to iPadOS.



Quotes



Executive Vice-President Margrethe Vestager in charge of competition policy said: 



“The Digital Markets Act is a dynamic tool which allows us to tackle the realities of digital markets. Today, we have brought Apple’s iPadOS within the scope of the DMA obligations. Our market investigation showed that despite not meeting the thresholds, iPadOS constitutes an important gateway on which many companies rely to reach their customers. Today’s decision will ensure that fairness and contestability are preserved also on this platform, in addition to the 22 other services we designated last September. Apple has six months to make iPadOS compliant with the DMA.”



Commissioner for the Internal Market Thierry Breton said:



“Today we conclude the first market investigation for qualitative designation under the DMA finding that also iPadOS is an important gateway for businesses to reach consumers. Apple has now six months to comply with the DMA obligations. We continue monitoring market developments and will not hesitate to open new investigations should other services below the thresholds present characteristics to be considered important gateways for business users.”



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European Commission Designates Apple's iPadOS as Gatekeeper Under Digital Markets Act

The European Commission has designated Apple's iPadOS as a gatekeeper under the Digital Markets Act, despite not meeting the quantitative thresholds initially set out in the DMA. This decision comes after a market investigation revealed that iPadOS serves as a crucial gateway for business users to connect with end consumers.

Apple now has six months to ensure full compliance with the DMA obligations specifically applied to iPadOS. This move is part of the Commission's efforts to maintain fairness and competition within digital platforms, in addition to the 22 other services previously designated under the DMA last September.

Executive Vice-President Margrethe Vestager emphasized the importance of the DMA in addressing the realities of digital markets, highlighting the significance of including Apple's iPadOS within its scope. Commissioner Thierry Breton noted that this decision marks the first market investigation for qualitative designation under the DMA, underscoring the role of iPadOS as a key gateway for businesses to reach consumers.



Commission designates Apple's iPadOS under the Digital Markets Act

Today, the European Commission opened proceedings under the Digital Markets Act (DMA) against Alphabet, Apple and Meta, because of concerns that the measures these gatekeepers put in place fall short of effective compliance of their obligations under the DMA.



Regarding Apple and Alphabet, the Commission opened proceedings to assess whether the measures they implemented in relation to their obligations pertaining to app stores are in breach of the DMA, which requires gatekeepers to allow app developers to “steer” consumers to offers outside the gatekeepers’ app stores, free of charge.



The Commission also opened proceedings against Alphabet because of concerns that it is preferencing its own vertical search services (such as Google Shopping and Google Hotels) over similar rival services in breach of the DMA, and against Apple, because of concerns that Apple’s design of the web browser choice screen may be preventing users from truly exercising their choice of services, in breach of their DMA obligations.



Regarding Meta, the Commission opened proceedings to investigate whether the recently introduced “pay or consent” model for users in the EU complies with the DMA, which requires gatekeepers to obtain consent from users when they intend to combine or cross-use their personal data.



The Commission intends to conclude these proceedings within 12 months. If warranted, the Commission will inform the concerned gatekeepers of its preliminary findings and explain the measures it is considering taking or that the gatekeeper should take in order to effectively address the Commission's concerns.



The Commission is additionally taking other investigatory steps to gather facts and information to clarify whether Amazon’s treatment of its own brand products on the Amazon Store, and Apple’s new fee structure and other terms and conditions for alternative app stores and distribution of apps from the web (sideloading), are DMA compliant.



Today, the Commission also adopted orders addressed to Alphabet, Amazon, Apple, Meta, and Microsoft, requiring them to retain documents which might be used to assess their compliance with the DMA obligations.



It should be noted that, in the case the Commission finds an infringement of the DMA, it can impose fines of up to 10% of the company’s total worldwide turnover, or up to 20% in case of repeated infringement. In case of systematic infringements, the Commission may also adopt additional remedies such as obliging a gatekeeper to sell a business or parts of it.



Quotes



Executive Vice-President Margrethe Vestager in charge of competition policy said: 



“Today, the Commission opens five non-compliance investigations under the Digital Markets Act (DMA). They concern Alphabet’s rules on steering in Google Play and self-preferencing in Google Search, Apple’s rules on steering in the App Store and on choosing browsers and changing defaults, and Meta’s ‘pay or consent model’. We suspect that the suggested solutions put forward by the three companies do not fully comply with the DMA. We will now investigate the companies’ compliance with the DMA, to ensure open and contestable digital markets in Europe.”



Commissioner for the Internal Market Thierry Breton said:



“The Digital Markets Act became applicable on 7 March. We have been in discussions with gatekeepers for months to help them adapt, and we can already see changes happening on the market. But we are not convinced that the solutions by Alphabet, Apple and Meta respect their obligations for a fairer and more open digital space for European citizens and businesses. Should our investigation conclude that there is lack of full compliance with the DMA, gatekeepers could face heavy fines.”



Read the full press release



See also the Remarks by Executive-Vice President Vestager and Commissioner Breton on the opening of non-compliance investigations under the Digital Markets Act

EU Investigates Alphabet, Apple, and Meta for DMA Non-Compliance

The European Commission has launched investigations under the Digital Markets Act against Alphabet, Apple, and Meta. Alphabet is being probed for potentially favoring its own services over rivals and Apple for issues related to app store obligations and web browser choices. Meta's "pay or consent" model for user data in the EU is also under scrutiny. The Commission may impose fines of up to 10% of global turnover for non-compliance, with potential additional remedies like divestiture. Other steps include assessing Amazon's treatment of its brand products and Apple's fee structure for app stores. The investigations aim to ensure fair and open digital markets in Europe.