Digital Markets Act (DMA)

Following the non-compliance decision against Meta in April 2025, the Commission acknowledges Meta's undertaking to offer users in the EU an alternative choice of Facebook and Instagram services that would show them less personalised ads. Once implemented, the Commission will seek evidence on the impact and uptake of this new ad model.

The Commission is investigating whether Amazon and Microsoft should be designated as gatekeepers for their cloud computing services, Amazon Web Services and Microsoft Azure, despite not meeting the DMA gatekeeper thresholds for size, user number and market position.

The Commission is opening a further investigation against Google. It suspects that Google is demoting news media and other publishers' websites and content in Google search results when those websites include content from commercial partners and thus failing to comply with its obligation to provide fair, reasonable and non-discriminatory conditions of access to publishers' websites on Google Search.

The plaintiff challenges the Commission's refusal to provide him with information on its decisions regarding the designation of gatekeepers under Article 3 of the DMA. He criticises the Commission's decision-making practice as a "general presumption of confidentiality". The case is pending before the General Court (T-433/24).

Apple challenges the Commission's interpretation of Article 5(4) of the DMA. The case is pending before the General Court (T-438/25).

Meta challenges the Commission's interpretation of Article 5(2) of the DMA. The case is pending before the General Court (T-435/25).

Apple challenges the Commission's implementing decision regarding the interoperability of its operating systems. Both cases are pending before the General Court (T-354/25 and T-359/25).

For the first time, the Commission imposes fines for violations of the DMA against Apple (EUR 500 million) and Meta (EUR 200 million).

The Commission has confirmed its allegations against Apple regarding the design of the App Store. Due to a number of restrictions imposed by Apple, app developers cannot fully benefit from alternative distribution channels outside the App Store. Similarly, consumers cannot take full advantage of alternative and cheaper offers, as Apple prevents app developers from informing consumers directly about such offers. The second allegation against Apple – a possible breach of Apple's obligations regarding user freedom in the selection of settings – was dropped following constructive dialogue.

The Commission also confirmed the allegation against Meta regarding the "pay or consent" model. In November 2023, Meta introduced a binary advertising model based on the "pay or consent" principle. Under this model, EU users of Facebook and Instagram had the choice between consenting to the combination of personal data for personalised advertising or paying a monthly subscription for an ad-free service. In the Commission's view, this does not constitute a specific choice within the meaning of the DMA.

In addition, the Commission decided that Facebook Marketplace should no longer be designated under the DMA – specifically, there were fewer than 10,000 business users active there in 2024. Accordingly, six online intermediary services including Booking.com, Google Play, Google Maps, Google Shopping, Amazon Marketplace and Apple App Store are now designated as core platform services.

In the Commission's view, Apple is not complying with its interoperability obligation pursuant to Art. 6(7) DMA with regard to the iOS and iPadOS operating systems. Apple has put in place a system whereby interoperability with the existing features of its operating systems iOS and iPadOS, for which no interoperability exists yet, would only be provided following a formal request by a developer to that effect.

The Commission finds that, although the social media platform X meets the quantative requirements to be considered a gatekeeper, it does not qualify as a gatekeeper in relation to its online social networking service.

ByteDance appeals against the court's dismissal of its action. The case is pending before the Court of Justice (ECJ) (C-627/24 P).

The Commission is starting two specification procedures to assist Apple in complying with its interoperability obligations under Article 6(7) of the DMA.

The first proceeding focuses on several iOS connectivity features and functionalities: The Commission intends to specify how Apple will provide effective interoperability with functionalities such as notifications, device pairing and connectivity.

The second proceeding focuses on the process Apple has set up to address interoperability requests submitted by developers and third parties for iOS and IPadOS: According to the Commission, it is crucial that the request process is transparent, timely, and fair so that all developers have an effective and predictable path to interoperability and are enabled to innovate.

ByteDance brought an action against its designation as a gatekeeper. The General Court [EH18.1]dismissed the action (T-1077/23). The subject matter of the dispute was particularly the legal presumptions of Bytedance’s significant market impact and entrenched position according to Article 3(2) of the DMA. ByteDance tried to dispute the objective criteria set out in the DMA with qualitative arguments claiming that its high valuation was China-centric, its market position was that of a non-entrenched "challenger" rather than a gatekeeper, and its lack of a locked-in ecosystem meant that users and advertisers were not dependent on the platform due to widespread multi-homing.

According to Opera Norway, the Commission is in error of law with regard to the non-designation of Microsoft Edge. Opera argues that the service is a core web browser service. Of particular relevance is the question of whether third parties have the right to bring an action under the DMA, pursuant to Article 263(4) TFEU. The action is pending before the General Court (T-357/24).

The Commission opens a third investigation against Apple. Specifically, the company is accused of a possible violation of Article 6(4) of the DMA (Interoperability Obligation) – the Commission is investigating whether Apple's new terms and conditions for developers are too restrictive.

The Commission designates Booking as a gatekeeper for its online intermediation service (Booking.com). Accordingly, there are now seven designated online intermediation services including Booking.com, Google Play, Google Maps, Google Shopping, Amazon Marketplace, Apple App Store, Facebook Marketplace.

At the same time, the Commission has opened a market investigation to further assess whether the online social networking service X is a core platform service.

The Commission concluded that although the online advertising services X Ads and TikTok Ads meet the quantitative requirements to be gatekeepers, none of the core platform services qualifies as an important gateway.

The Commission also designates Apple's operating system for tablets (iPadOS) as a core platform service. Accordingly, there are now four designated operating systems including iPadOS, Android, iOS, Windows PC OS.

The Commission formally opens proceedings against Alphabet, Apple and Meta for violating of the DMA.

Allegation against Alphabet and Apple based on Art. 5(4) of the DMA: The Commission suspects that the gatekeepers are not fulfilling their obligations pertaining to their app stores. The DMA requires gatekeepers to allow app developers to “steer” consumers to offers outside the gatekeepers’ app stores, free of charge.

Allegation against Alphabet based on Art. 6(5) of the DMA: The Commission suspects that Alphabet's display of Google search results may lead to self-preferencing in relation to Google's vertical search services (e.g. Google Shopping, Google Flights, Google Hotels) over similar competing services.

Allegation against Apple based on Art. 6(3) of the DMA: The Commission suspects that Apple is not complying with its obligations to (i) allow end users to easily uninstall software applications on iOS, (ii) easily change the default settings on iOS, and (iii) provide users with choice screens that allow them to select an alternative default service, such as a browser or search engine, on their iPhones.

Allegation against Meta based on Art. 5(2) of the DMA: The Commission suspects that the "pay or consent" model introduced does not offer end users a specific choice if they do not wish to consent to the use of personal data across various core Meta platform services.

In addition, the Commission has also taken initial steps to investigate Apple's new fee structure for alternative application download programmes ("app stores") and Amazon's advertising practices on its marketplace.

Finally, the Commission has imposed on the gatekeepers the obligation to retain certain documents in order to monitor the effective implementation and compliance with their obligations.

The Commission adopts decisions closing the market investigations on Microsoft and Apple, finding that Microsoft and Apple should not be designated as gatekeepers with regard to their services Microsoft Bing, Microsoft Edge, Microsoft Advertising and iMessage.

In the first lawsuit, Apple challenges the opening of the market investigation regarding iMessage. The case is pending before the General Court (T-1079/23).
In the second lawsuit, Apple primarily challenges the interoperability obligation for its operating system and the designation of the App Store as a core platform service (T-1080/23).

Meta contests the Commission's findings that Facebook Messenger, Facebook Marketplace and the Facebook social network are core platform services. Meta does not contest the finding regarding Instagram. The case is pending before the General Court (T-1078/23).

The Commission designates Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft as gatekeepers for a total of 22 core platform services.

Sorted by service, the following picture emerges: there are six online intermediation services (Google Play, Google Maps, Google Shopping, Amazon Marketplace, Apple App Store, Facebook Marketplace), one search engine (Google Search), four social networking services (Facebook, Instagram, TikTok, LinkedIn), one video-sharing platform (YouTube), two NIICS (WhatsApp, Facebook Messenger), three operating systems (Android, iOS, Windows PC OS), two web browsers (Safari, Google Chrome) and three online advertising services (Google Advertising, Amazon Advertising, Meta Ads).

Although the law provides for such designations, no gatekeepers have been identified designated for cloud computing and virtual assistant services.

In addition, the Commission opens a market investigation to further assess whether Apple’s iPadOS should be designated as gatekeeper, despite not meeting the thresholds.

Moreover, the Commission concludes that, although Gmail, Outlook.com and Samsung Internet Browser meet the thresholds under the DMA to qualify as a gatekeeper, Alphabet, Microsoft and Samsung provided sufficiently justified arguments showing that these services do not qualify as gateways for the respective core platform services. Therefore, the Commission decides not to designate Gmail, Outlook.com and Samsung Internet Browser as core platform services.

The Commission opens market investigations to further assess whether Microsoft Bing, Microsoft Edge, Microsoft Advertising and iMessage qualify as gateways.

From now on, the most important provisions are directly applicable. Companies that meet the quantitative thresholds for qualification as gatekeepers are required to notify the Commission.