According to the European Consumer Organisation (BEUC), Meta, Apple, and Alphabet (Google) may not fully comply with the Digital Markets Act (DMA). The DMA is a regulation established by the European Union to enhance fairness and competitiveness within the digital economy. It was enacted on 1 November 2022, and most of its provisions became applicable on 2 May 2023.

In BEUC’s view, there are indications that these three companies are violating the European Union’s new legislation to foster greater competition in digital markets. In a new report published on 13 November 2024, BEUC summarises some ongoing issues with the three tech giants, suggesting that the Commission consider assessing these gatekeepers’ compliance with their DMA obligations.

The report revisits aspects previously examined in a comprehensive analysis regarding potential non-compliance by gatekeepers with the DMA in September 2024. It incorporates the modifications Apple revealed in August 2024 concerning default browser and application selections and Meta’s announced plans in September 2024 regarding interoperability for instant messaging. BEUC said the November report should also be regarded as a supplementary resource to BEUC’s earlier expressed views on Google’s self-preferencing practices.

The report does not address the current concerns regarding Meta’s pay-or-consent policy, nor does it include the Commission’s initial conclusions concerning Apple, which pertain to the company’s practices that permit app developers to direct consumers to alternative channels for offers and content without restrictions.

According to the new report published on 13 November 2024:

Meta has made what appear to be several favourable user interface design changes aimed at fulfilling its responsibilities to ensure interoperability between WhatsApp, Messenger, and third-party instant messaging services. Nevertheless, to be compliant, Meta must still: (1) show that it has conducted live testing with users of its interfaces to confirm that consumers can easily make well-informed decisions regarding interoperability; (2) supply detailed information and screenshots for each step of the user journey; and (3) illustrate that various design choices it has implemented enhance the consumer’s capacity to select messaging interoperability.

Apple appears to be making strides toward compliance with the DMA by allowing users to modify their default browsers and applications and facilitating the uninstallation of apps on their devices. Nevertheless, several challenges persist: (1) Apple has not provided sufficient information to thoroughly evaluate whether its proposed process for changing default applications meets compliance standards; (2) there is inadequate information regarding the user experience for uninstalling Apple apps, making it difficult to ascertain if this process is indeed user-friendly; (3) it would be more effective for Apple to present the browser selection screen immediately following the iOS update, rather than waiting for the user to open Safari for web access.

Google must adhere to five principles to align with the DMA’s prohibition on self-preferencing within its search results pages (e.g., consumers should have free, unbiased choices in the short and long term, and information that is important to consumers when searching should not be eliminated from the search engine results pages). This approach will guarantee that consumers receive optimal choices in response to their search queries.