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Meta Platforms (NASDAQ:META) will appeal the decision by the European Commission to list its Messenger and Marketplace services as “gatekeepers” as part of the continent’s Digital Markets Act.
“This appeal seeks clarification on specific points of law regarding the designations of Messenger and Marketplace under the DMA,” a spokesman said, according to Reuters.
“It does not alter or detract from our firm commitment to complying with the DMA, and we will continue to work constructively with the European Commission to prepare for compliance.”
The Mark Zuckerberg-led company said Marketplace is a consumer to consumer service and thus not an online intermediary, while Messenger is just a function of Facebook, the news outlet added.
Meta (META) is not going to challenge the gatekeeper designation for Facebook, Instagram or WhatsApp.
In September, the European Commission designated 22 services from six tech companies — Alphabet (GOOG) (GOOGL), Amazon (AMZN), Apple (AAPL), Meta Platforms (META), Microsoft (MSFT) and Chinese tech giant ByteDance (BDNCE) — as gatekeepers.
The services include social networks such as TikTok, Facebook, Instagram, LinkedIn; “intermediation” services like Google Maps, Google Play, Google Shopping, Amazon Marketplace, Apple’s App Store and Meta Marketplace; ad delivery systems from Google, Amazon and Meta; Chrome and Safari web browsers; Android, iOS and Windows PC operating systems; Google Search; YouTube; and WhatsApp and Facebook Messenger.
The thresholds to be considered a “gatekeeper” include 45M or more active local users, more than €7.5B in annual revenue or a market cap that surpasses €75B. The legislation was designed to increase competition.
Microsoft (MSFT) and Google (GOOG) (GOOGL) said earlier this week they will challenge the gatekeeper designation for their respective services.
The EC said last month that it is still seeking information to determine whether Apple’s (AAPL) iMessage and Microsoft’s (MSFT) Bing, Edge and advertising should be considered gatekeepers.
Apple (AAPL) recently amended the risk factors in its annual filing to include new language around third party developers and potential App Store risks, as the DMA requires third-party apps or app stores to be allowed.
