Apple loses legal battle in Europe: App Store is 'gatekeeper'
The EU General Court dismisses Apple's appeal and confirms its designation as a gatekeeper under the DMA, forcing it to open its platforms to alternatives.
July 9, 2026 · 3 min read
TL;DR: Apple has lost its legal battle in Europe: the EU General Court confirms that the App Store and iOS are 'gatekeepers' under the DMA. The ruling forces Apple to allow alternative stores, interoperability, and not to favor its services. It is a milestone in tech regulation.
What happened?
The General Court of the European Union has dismissed Apple's appeal against the European Commission's decision to designate its five App Stores (iPhone, iPad, Mac, Apple TV, and Apple Watch) and the iOS operating system as 'gatekeepers' under the Digital Markets Act (DMA). The ruling, issued on July 9, 2026, confirms that Apple must comply with the DMA's obligations, which include allowing third-party app stores, facilitating interoperability with rival services, and not privileging its own apps over competitors.
Why is this important?
The DMA is one of the world's most ambitious regulations to control the power of large digital platforms. Apple had argued that its App Stores do not constitute a single core platform service and that iOS should not be considered a 'gateway' for third-party services. However, the court rejected these arguments, setting a crucial precedent for the law's enforcement. Additionally, the court declared Apple's challenge to the classification of iMessage as a number-independent interpersonal communications service (NIICS) inadmissible, leaving open the possibility that iMessage could be subject to telecommunications regulations.
Immediate and long-term consequences
The ruling has immediate effects: Apple must modify its practices in the EU to comply with the DMA. This includes allowing app downloads outside the App Store (sideloading), enabling alternative app stores, and ensuring developers can use payment systems other than Apple's. Additionally, iOS must offer interoperability with messaging services and other competing products. In the long term, this decision could encourage other jurisdictions, such as the United States or Japan, to adopt similar regulations. For users, it means more choices and potentially lower costs; for developers, greater freedom and lower commissions. However, Apple has warned that opening up could compromise security and privacy, though the court did not consider these arguments sufficient to exempt it.
What should readers know?
- Not the end: Apple can appeal to the Court of Justice of the European Union, though timelines and chances of success are uncertain.
- Impact on the ecosystem: Changes are already underway: iOS 18.4 beta already includes support for alternative stores in the EU, and full obligations are expected to apply in the coming months.
- iMessage in the spotlight: Although the court did not rule on the merits of iMessage's classification, the door remains open for the European Commission to act in the future.
- Comparison with other cases: The situation echoes Microsoft's battle in the 2000s over Internet Explorer integration, which resulted in fines and interoperability obligations. The DMA aims to prevent anticompetitive practices from recurring in the mobile era.
“The General Court's decision is a boost to EU competition policy and sends a clear signal to big tech: the rules apply to everyone equally,” said a European Commission spokesperson.
Context analysis
The DMA came into force in 2023 and designated six 'gatekeepers': Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft. Apple has been one of the most reluctant companies to comply, arguing that its platforms do not meet the law's thresholds. However, the ruling confirms that the Commission acted correctly in designating Apple as a gatekeeper. This decision comes at a time when the EU is intensifying its scrutiny of big tech practices, with open investigations into Google, Meta, and Apple for potential DMA violations.
What's next for Apple?
Apple has two months to file an appeal before the CJEU. Meanwhile, it must comply with DMA obligations under the Commission's supervision. If it fails to do so, it faces fines of up to 10% of its global annual revenue (and up to 20% for repeat offenses). The company has already begun implementing changes in the EU, such as reducing the App Store commission to 17% (and 10% for small developers) and enabling alternative payments, though these measures have been criticized as insufficient.