Microsoft’s Bing search engine and Edge web browser may not be subject to the EU’s Digital Markets Act (DMA), which will impose obligations on large digital platforms known as gatekeepers, starting in March.
The exemption is due to the fact that Bing and Edge are not dominant enough in their segment to be considered gatekeepers, according to a Bloomberg report. This means they are not subject to the regulation.
Another exemption from the regulation applies to Apple’s iMessage service.
What is the Digital Markets Act?
The Digital Markets Act was adopted by the European Parliament and the Council in September 2022 following the initial proposal by the European Commission in December 2020.
The Act aims to make digital markets across member countries ”fairer” and “more contestable.”
It sets out norms to identify gatekeepers of digital markets, which are large digital platforms providing core services such as search engines, app stores, and messenger services.
The Act also lays down guidelines for gatekeepers to comply with to make digital markets fairer and competitive.
The Act came into force in November 2022 and became applicable in May 2023.
Companies identified as gatekeepers must notify the Commission if they meet the quantitative thresholds and provide relevant information within two months. The Commission then has 45 working days to designate a specific gatekeeper, who then has six months to ensure compliance.
Microsoft and Apple’s Response
In September 2023, Apple and Microsoft argued that iMessage and Bing should not be regulated by the DMA, with Apple claiming iMessage does not meet the user threshold and Microsoft citing its low market share.
While Bing and Edge may be exempted, the DMA will apply to Microsoft’s Windows operating system and LinkedIn. For Apple, the DMA will apply to the Apple App Store, Safari browser, and iOS operating system.
Concerns for Gatekeepers
The Act poses a challenge for gatekeepers as it prohibits them from favorably ranking their own products and services against third-party offerings on their platforms.
It lays down guidelines to ensure fair competition in the digital market.
2024-01-27 21:00:04
Article from www.computerworld.com