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Chronicles

The story behind the story

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Sources: the EU plans to exempt Microsoft's Bing, Edge, and Advertising services from the DMA, as an EU probe tentatively concluded they're not dominant enough

- EU probe comes ahead of March roll-out of Digital Markets Act  — Apple's iMessage service is already expected to be exempt

Bloomberg

Context & Ripple Effects

The tentative finding follows Microsoft’s and Apple’s arguments that Bing and iMessage lacked the user reach needed for gatekeeper treatment, and an EU evidence-gathering process that included questionnaires to customers and competitors.

It puts Microsoft’s services alongside iMessage in a designation process built around demonstrated market power rather than a company’s overall scale. The later closure of the related investigation reinforces the importance of service-level assessments.

First-order effects

  • Bing, Edge, and Microsoft’s advertising service would avoid DMA obligations if the tentative conclusion is formalized, while Microsoft’s other activities are not automatically covered by this finding.
  • The decision gives Microsoft a favorable regulatory outcome for the named services ahead of the DMA rollout; iMessage was on a parallel path toward exclusion.

Second-order effects

  • The result gives providers seeking exemptions a concrete precedent: they can contest designation by arguing that a specific service lacks sufficient market power, as Apple and Microsoft had previously argued for iMessage and Bing.
  • EU enforcement attention can concentrate more heavily on services that are designated gatekeepers, rather than being spread across every product offered by the largest technology companies.

Third-order effects

  • If this service-by-service approach persists, DMA enforcement will function less as blanket regulation of large firms and more as a contested classification system centered on each service’s market position.
  • That makes the quality of evidence from users, customers, and rivals a durable part of platform regulation, while leaving outcomes vulnerable to changes in a service’s reach or role.

The trend: The DMA is developing into interface-neutral platform governance in which obligations attach to demonstrable service-level gatekeeping power, not corporate size alone.