A Landmark Defeat for Apple in Europe

The EU General Court on Wednesday dismissed Apple's challenge against its designation as a "gatekeeper" under the bloc's Digital Markets Act (DMA), delivering a significant victory to European regulators and marking one of the first major judicial tests of the landmark law.

In a trio of rulings delivered jointly from Luxembourg, the EU's second-highest court confirmed Apple's gatekeeper designation for the App Store and iOS in full. It also ruled that Apple's challenge over its iMessage service was inadmissible.

The court threw out Apple's argument that the DMA's interoperability obligations violated its fundamental rights, finding no direct legal connection between the provision and the designation decision. It also rejected Apple's attempt to have its five App Stores — covering iPhone, iPad, Apple Watch, Mac, and Apple TV — treated as separate services, ruling they all serve the same purpose of connecting developers with end users.

Apple's Response

Apple, which has been among the most litigious of all designated gatekeepers with five separate legal challenges against the Commission, said it still believes the DMA goes too far.

"We firmly believe the DMA's mandate goes beyond what is lawful and proportionate, threatening to erode decades of privacy and security protections we've built and leaving our users vulnerable to new risks," an Apple spokesperson said. The company declined to say whether it plans to appeal.

Escalating Tensions

The relationship between Apple and Brussels has grown increasingly fraught. The two sides clashed publicly last month after Apple said the DMA's rules had prevented it from launching its upgraded Siri AI assistant in the EU, leaving users in the bloc cut off from the service.

The dispute was followed by a July 1 video call between Apple CEO Tim Cook and EU tech chief Henna Virkkunen that the Commission described as "constructive."

What's Still Ahead

Two Apple cases remain pending: a challenge to the Commission's March 2025 decision requiring Apple to open iOS to third-party developers, and an appeal against the €500 million fine imposed in April 2025 for anti-steering violations.

Wednesday's ruling follows the General Court's partial annulment of Meta's gatekeeper designation last month and a 2024 judgment dismissing ByteDance's challenge in full. It strengthens the European Commission's enforcement hand as it continues reshaping the digital economy through the DMA.

The Bigger Picture

The DMA, which took effect in 2023, is the EU's most ambitious attempt to rebalance power between Big Tech and the rest of the digital economy. Gatekeepers face obligations to allow interoperability with rival services, refrain from favoring their own products, and share data with business users.

Apple was first designated as a gatekeeper in September 2023, covering iOS, the App Store, and Safari. The confirmed designation means Apple must continue complying with the DMA's strict requirements or face fines of up to 10% of its global annual turnover — potentially billions of dollars.

Sources