After Apple, EU sets its sights on Microsoft, OpenAI, Google and Samsung

Margrethe Vestager confirms that the European Commission is analyzing some of the latest agreements and investments in the artificial intelligence market

The European Union has managed to get Apple to open its fenced “garden” and allow Alternative app stores for iPhone or iPad. It is a monumental change that demonstrates the regulatory force of the Digital Markets Law.

But Margrethe Vestager, the Commission’s executive vice-president in charge of competition, still has a long way to go. This week, Vestager outlined the Commission’s next steps and the list of companies that could be affected. Microsoft, Google, OpenAI and Samsung They are now in the spotlight.

APPLE’S ORDER IS NOT OVER

From the outset, these new focuses of attention do not seem to be going to distract Europe from the regulatory effort that weighs on Apple. A few weeks ago the Commission confirmed that a preliminary investigation indicates that the measures that Apple has taken to comply with the Digital Markets Law might not be enough.

If the Commission ultimately concludes that Apple has acted in bad faith in implementing these changes, the company could face an equivalent fine. to 10% of its global annual revenue.

Part of the problem may lie in the basic technology fee that Apple requires for all for-profit apps sold in third-party stores, which makes it not worthwhile to distribute apps outside the AppStore.

Vestager also said that Apple’s decision to keep its AI tools out of Europe due to regulatory pressure represents a “surprising admission” of a strategy to eliminate competition in the region. “I find it very interesting that they say they will now only deploy AI where they are not obliged to allow competition,” she explained.

MICROSOFT MAY HAVE PROBLEMS

Apple has the consolation of not being alone on the Commission’s blacklist. Vestager has also indicated that she is studying whether the agreement between Microsoft and OpenAI can breach the Digital Markets Law.

Microsoft has invested almost 13 billion euros in OpenAI in exchange for what will end up being in a few years the effective control of 49% of the company. In principle, not have more than 50% of OpenAI, the agreement does not conflict with Europe’s antitrust laws.

The Commission, however, believes that it could pose a problem within the scope of the Digital Markets Act because Microsoft is considered to be “digital guardian” (a company with such large size and market dominance that its actions can stop any attempt to compete freely).

Another of Silicon Valley’s favorite business moves, acquiring talent and eliminating potential competition by directly buying up small companies, will also begin to be investigated with greater interest. Microsoft bought the artificial intelligence company Microsoft Inc. in March Inflection for $650 million and it could be one of the first cases that the Commission evaluates.

GOOGLE AND SAMSUNG DO NOT ESCAPE

Finally, Vestager also wants to investigate the agreement between Google and Samsung to integrate the Gemini model into some of the Korean company’s latest devices.

Last January, both companies reached an agreement to exclusively integrate Google’s Gemini Pro model in some of the image and text editing and creation tools in the Galaxy S24Future phones from the company, such as the Galaxy S25 that will be announced next year also bet on Gemini Nano as a local model capable of running on the phones themselves.

Vestager believes that this type of agreement could make it difficult that independent developers of alternative models reach end users.

 
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