Iam not interested in discussing conspiracy theories. Tell us who this guy is. Of course companies can lobby—isn’t that the American way?
I already did, in a reply to you
upthread.
The European Parliament’s Internal Market and Consumer Protection Committee (IMCO) report on the DMA, explicitly advocated for changing the DMA’s thresholds to keep U.S. firms within scope while exempting most EU competitors - which led to amendments to the DMA. The report's author, Andreas Schwab, a German MEP, suggested the DMA should "unquestionably" target only the five biggest U.S. firms.
He also
said “Let’s focus first on the biggest problems, let’s go down the line – one, two, three, four, five – and maybe six will be Alibaba. But let’s not start with number seven to include a European gatekeeper just to please Joe Biden.”
This isn’t some lobbyist. He’s a European Member of Parliament who was the lead negotiator for the law. And he was unquestionably saying out loud that the law should apply to US companies and not EU ones, and then he took actions in parliament to that effect. (And note the EU doesn’t deny that he said any of it, their response was the quote was “cherry picked.”)
Now to the facts: YouTube Music, Apple Music, Spotify, Tidal, and thousands of other tech services have not been designated under the DMA. YouTube has, but YouTube and YouTube Music are not the same service.io
Yes, because if they included music streaming as a service covered by the law, then Spotify would get hit. My point is they didn’t want EU companies to get hit. If a few American tech services get through because of that, it is what it is.
The 31% difference between Spotify’s EU market share (56%) and its largest competitor’s (Apple Music, 25%) is more than Apple’s entire market share in phones in the EU (27%). But sure, I guess it’s just a happy coincidence that the one consumer tech service where an EU company dominates doesn’t require the DMA to protect consumers and business users despite the leading company’s massive power over their market.
Even so, macOS has not been designated under the DMA. Neither have the Apple Watch, Apple TV, or many other Apple technologies.
The Mac (and the other items you mention) don’t come anywhere close to the quantitative thresholds to have the law apply. Despite the “doesn’t matter what the law says; what we say goes” clause, the EU would be laughed out of court if they tried to make the law apply to MacOS, and the EU knows it. The law does apply to windows, and if MacOS has more European users then the law would apply.
The DMA does not regulate everything a company produces. It applies to specific platform services and technologies that one may market, in particular interoperability with other services and technologies. Tech used also by other American companies in the EU space, not just EU companies. This happens across any industries, say for instance cell phone antenas, routers, automobiles and .... have parts regulated ...
I never claimed it did. My claim is the law was targeted at large US tech companies and was intentionally written to avoid EU ones. My claim is not “the EU wanted to harm all US companies” or “the EU wanted to regulate everything US tech companies make” - it is the law was intended to hamstring US companies.
PS: As for iPadOS, it is true that it did not meet the quantitative thresholds. However, those thresholds create a presumption; they are not the DMA’s only route to designation. Article 3(8) expressly allows the Commission to designate a service following a qualitative market investigation. The Commission concluded that iPadOS is an important gateway through which businesses reach consumers and that Apple has an entrenched and durable position in that market.
First, a law that says “here is when the law applies to you, but we’re including a clause that lets us say “the law we wrote doesn’t matter, what we say goes” is absolutely banana-republic government.
Secondly, do you not think Spotify is an “important gateway through which businesses reach consumers and that Spotify has an entrenched and durable position in that market”?