EC Sends Findings to Alphabet; Provides Guidance to Apple

The European Commission sent two sets of preliminary findings to Alphabet for failing to comply with the Digital Markets Act, regarding two services for which it has been designated as a gatekeeper. The body also adopted two decisions under the DMA specifying the measures that Apple has to take to comply with certain aspects of its interoperability obligation.

The EC has informed Alphabet of its preliminary view that certain features and functionalities of Google Search treat Alphabet's own services more favorably compared to rival ones, thus not ensuring the transparent, fair, and non-discriminatory treatment of third-party services as required by the DMA. In addition, Google Play does not comply with the DMA, as app developers are prevented from freely steering consumers to other channels for better offers.

In Apple's case, interoperability enables a deeper and more seamless integration of third-party products with Apple's ecosystem. It is the key to opening up new possibilities for third parties to develop new products and services on Apple's gatekeeper platforms. As a result, a wider choice of products will be available to consumers in Europe compatible with their devices. The EC said it is assisting Apple in its compliance by detailing the measures needed for enabling interoperability with iOS for third-party connected devices and by streamlining the process put in place by Apple to handle future requests for interoperability with iPhone and iPad devices.