In a high-stakes legal confrontation that could reshape the future of digital regulation, Apple has launched a sweeping challenge against the Digital Markets Act (DMA) in the General Court of the European Union in Luxembourg, Bloomberg reports.
Apple’s legal attack zeroes in on three key aspects of the DMA’s application. First, the company disputes requirements that it enable rival hardware manufacturers to interoperate with iPhones and other Apple devices, contending that such obligations jeopardise security and intellectual property protections.
Second, it rejects the inclusion of its App Store under the DMA’s strict scope, arguing that the platform should not be treated as a single “gatekeeper service” in regulatory terms. Third, Apple challenges an investigation direction that would have brought its iMessage service within the DMA’s remit.
During court proceedings, Apple’s counsel described the DMA as imposing “hugely onerous and intrusive burdens” on the company’s rights under EU law. The European Commission, on the other hand, defended the regulation, arguing that Apple’s tight control over its ecosystem has afforded it “supernormal profits” while limiting rivals’ ability to compete fairly.
The Digital Markets Act, which gained full force in 2023, aims to curb the dominance of major tech firms designated as “gatekeepers” by ensuring that they open their platforms, treat business users fairly and avoid privileging their own services.
Apple is one of the first companies to challenge the DMA in court on such a broad scale, setting the stage for what many analysts call the most significant legal test of the law to date. Apple is one of the first companies to challenge the DMA in court on such a broad scale, setting the stage for what many analysts call the most significant legal test of the law to date.
From the user perspective, the row raises questions about how device interoperability and platform openness might evolve. Apple argues that forcing interoperability could pose risks to privacy and security for its users, while the EU challenges argue that current limitations unfairly bar rivals from competing on a level playing field.
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