The European Commission has designated Apple’s iPadOS as a gatekeeper under the new Digital Markets Act (DMA). This means that Apple now has six months to ensure compliance with DMA obligations.
The Commission determined that Apple was a gatekeeper with respect to iOS on September 5, 2023. On the same day, it opened an investigation to assess whether iPadOS should be classified as a gatekeeper, despite not meeting the quantitative thresholds.
Its investigation found that Apple presents the features of a gatekeeper in relation to iPadOS, as among others:
● Apple’s business user numbers exceeded the quantitative threshold elevenfold, while its end user numbers were close to the threshold and are predicted to rise in the near future.
● End users are locked-in to iPadOS. Apple leverages its large ecosystem to disincentivise end users from switching to other operating systems for tablets.
● Business users are locked-in to iPadOS because of its large and commercially attractive user base, and its importance for certain use cases, such as gaming apps.
“On the basis of the findings of the investigation, the Commission concluded that iPadOS constitutes an important gateway for business users to reach end users, and that Apple enjoys an entrenched and durable position with respect to iPadOS. Apple has now six months to ensure full compliance with the DMA obligations as applied to iPadOS.”
Today’s decision is the first gatekeeper designation made by the EU based on qualitative criteria. It’s unclear if Apple will appeal the decision. The company did make changes to iOS in order to comply with the DMA; however, those changes have been characterized as making a ‘mockery of the DMA‘ and are under investigation for non-compliance.
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