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Luxembourg Court Rejects Apple Gatekeeper Claim, Orders Open Stores

7/9/2026

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Summary

Apple Loses DMA

The Luxembourg EU General Court rejected Apple’s “gatekeeper” challenge under the Digital Markets Act.
The court ruled that Apple’s App Store and iOS together constitute a single core platform service.
Apple must keep its five app stores open to rivals, cannot favor its own apps, and says the DMA threatens privacy.
Apple can appeal the ruling while still facing an iOS openness case and a €500 million fine appeal.

Summary

Apple Denied Gatekeeper

Regulators denied iMessage gatekeeper status under the EU Digital Markets Act because WhatsApp remains the dominant messaging platform in Europe.
U.S. President Donald Trump publicly condemned the EU’s Digital Markets Act enforcement, saying it hampers transatlantic trade talks.
The ruling is expected to intensify EU scrutiny of other Big Tech firms, with Microsoft and Amazon’s cloud units already facing tough EU rules under the same DMA framework.

Summary

Apple Dodges Gatekeeper

The court said a platform must have €7.5 billion EU sales or €75 billion market value, plus 45 million monthly users and 10 000 business users, to be a Digital Markets Act (DMA) gatekeeper.
Apple is fighting a March 2025 Commission order on iOS interoperability and an appeal of the €500 million anti-steering fine from April 2025.
Because iMessage was not labeled an “important gateway,” the General Court ruled DMA obligations do not apply to it.

History

Historical Context

After the 1998 antitrust case that forced Microsoft to alter its licensing practices, the EU imposed a €899 million fine in 2004 to require Windows interoperability. In the 2024 EU General Court ruling compelling Apple’s App Store to open mirrors those earlier platform-control battles, indicating tougher significant regulatory future DMA enforcement.

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Apple Loses DMA

The Luxembourg EU General Court rejected Apple’s “gatekeeper” challenge under the Digital Markets Act.
The court ruled that Apple’s App Store and iOS together constitute a single core platform service.
Apple must keep its five app stores open to rivals, cannot favor its own apps, and says the DMA threatens privacy.
Apple can appeal the ruling while still facing an iOS openness case and a €500 million fine appeal.

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