The reply, for those interested:

Many thanks for your enquiries dated 29 January 2024 and 10 February 2024 and your interest in the Digital Markets Act (“DMA”).

Your questions concern the Commission’s decision of 5 September 2023 designating Apple Inc. (“Apple”) as a gatekeeper under the DMA (see here for the public version of the decision).

The Commission’s designation decision is based on the evidence available to the Commission and submissions made by Apple taking into account the legal framework under the DMA. Regarding your questions, we note the following:

The Commission designated Apple’s operating system iOS. The Commission considers that Apple has provided sufficient facts and arguments to hold that iOS and iPadOS constitute each a distinct operating system core platform service, with only iOS meeting the quantitative thresholds for designation. However, the Commission has opened a market investigation in the qualitative designation of iPadOS. This investigation is currently ongoing. Should the Commission qualitatively designate iPadOS, it would be subject to the same obligations under the DMA as iOS. 



The Commission designated Apple’s software application store App Store, which is currently offered on different Apple devices running on iOS, iPadOS, macOS, watchOS and tvOS as a single core platform service, irrespective of the device on which it is used. This is because, based on the evidence in the file, the App Store is used for the same common purpose from both an end user and a business user perspective across all devices on which it is available, namely to intermediate the distribution of apps.

We hope this answers your questions. For any further information, including on the upcoming compliance phase, please visit the Commission’s DMA website under https://digital-markets-act.ec.europa.eu/

Kind regards,

The DMA Team