App Store not equal to App Store: How Apple wanted to escape the Digital Markets Act

The Digital Markets Act is forcing Apple in Europe to massively open up its platforms from spring 2024, including the App Store and the Safari browser. In order to minimize the effects of the regulation, Apple argued in advance that the company did not offer an app store and a browser, but instead operated five different app stores and three browsers, as has now been revealed. This emerges from the decision made by the EU Commission in September, which has now been published in full.

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Accordingly, Apple willingly classified the App Store and the Safari browser as so-called core platform services, but only on the iPhone and not on the manufacturer’s other devices. The company argued that it does not operate one App Store, but currently operates a total of five: one App Store on iPhones, one on iPads, one on Macs, one on Apple Watches and one on Apple TVs. A sixth app store will be added to the Vision Pro in the future. The app stores would serve various purposes, Apple said.

Only platform services that have at least 45 million monthly active users in Europe should fall under the new rules of the Digital Markets Act (DMA). This is the case with the App Store for iOS, but the other app stores for macOS, iPad, Watch and TV are used less and are therefore not subject to the new rules, was Apple’s argument. The EU Commission did not want to agree with this: The App Store generally serves to distribute apps and therefore only differs slightly on the different operating systems. Accordingly, the rules apply to the App Store as a whole – on all Apple systems.

With regard to its own browser Safari, Apple argued similarly: It is not one browser, but three different browsers – one for iOS, one for iPadOS and one for macOS. The EU Commission did not want to follow this either, as the browser ultimately serves the same purpose on all three platforms. The regulators did not accept Apple’s proposed functional differences between the browsers and also referred to Apple’s marketing slogan “The same Safari. On all devices.”

The commission also followed Apple’s argument to offer five different operating systems. The differences can be seen here. According to the current status, only iOS falls under the requirements of the DMA. But that’s also where the consequences are greatest; after all, Apple has to allow alternative app stores and sideloading. The Commission is currently examining whether iPadOS will also fall under the DMA rules in the future. For a long time, Apple simply referred to iOS and iPadOS as iOS; in terms of their technical underpinnings and functionality, they can hardly be distinguished in many respects. Only a few years ago the tablet version was given its own name. It is also unclear for the time being whether Apple will have to make its messaging service iMessage interoperable in the future.


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