According to the Financial Times, the EU has also raised concerns about Russia’s “efforts to undermine upcoming European elections” and other foreign interference campaigns. The EU is set to hold parliamentary elections in June. If the company is found to have run afoul of the Europe’s Digital Services Act, it could be hit with large fines.

EU officials are also “particularly concerned” about Meta’s plan to shut down CrowdTangle in August. The tool has been widely used by researchers and fact checkers for years to study how content spreads across Facebook and Instagram. Dozens of researchers and fact-checking groups signed an open letter to the company last month saying that shutting down the tool ahead of dozens of global elections would be a “direct threat” to election integrity efforts around the world.

“We have a well-established process for identifying and mitigating risks on our platforms,” a Meta spokesperson told Engadget in a statement. “We look forward to continuing our cooperation with the European Commission and providing them with further details of this work.”

Elsewhere, the EU is also investigating Meta over its ad-free subscription plan available to European users. That investigation, which could last up to a year, will look into whether the social media company has violated Europe’s Digital Markets Act, by not offering users a “real alternative” to opt out of data collection.

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Bloomberg’s sources also said the probe was focused on the Russian disinformation operation, describing it as a series of “attempts to replicate the appearance of traditional news sources while churning out content that is favorable to Russian President Vladimir Putin’s policies.”

The investigation comes a day after France said 27 of the EU’s 29 member states had been targeted by pro-Russian online propaganda ahead of European parliamentary elections in June. On Monday, France’s Ministry of Foreign Affairs Jean-Noel Barrot urged social platforms to block websites “participating in a foreign interference operation.”

A Meta spokesperson told Engadget that the company had been at the forefront of exposing Russia’s Doppelganger campaign, first spotlighting it in 2022. The company said it has since investigated, disrupted and blocked tens of thousands of the network’s assets. The Facebook and Instagram owner says it remains on high alerts to monitor the network while claiming Doppelganger has struggled to successfully build organic audiences for the pro-Putin fake news.

The European Commission’s President said Meta’s platforms, Facebook and Instagram, may have breached the Digital Services Act (DSA), the landmark legislation passed in 2022 that empowers the EU to regulate social platforms. The law allows the EC to, if necessary, impose heavy fines on violating companies — up to six percent of a company’s global annual turnover, potentially changing how social companies operate.

In a statement to Engadget, Meta said, “We have a well-established process for identifying and mitigating risks on our platforms. We look forward to continuing our cooperation with the European Commission and providing them with further details of this work.”

The EC probe will cover “Meta’s policies and practices relating to deceptive advertising and political content on its services.” It also addresses “the non-availability of an effective third-party real-time civic discourse and election-monitoring tool ahead of the elections to the European Parliament.”

The latter refers to Meta’s deprecation of its CrowdTangle tool, which researchers and fact-checkers used for years to study how content spreads across Facebook and Instagram. Dozens of groups signed an open letter last month, saying Meta’s planned shutdown during the crucial 2024 global elections poses a “direct threat” to global election integrity.

Meta told Engadget that CrowdTangle only provides a fraction of the publicly available data and would be lacking as a full-fledged election monitoring tool. The company says it’s building new tools on its platform to provide more comprehensive data to researchers and other outside parties. It says it’s currently onboarding key third-party fact-checking partners to help identify misinformation.

However, with Europe’s elections in June and the critical US elections in November, Meta had better get moving on its new API if it wants the tools to work when it matters most.

The EC gave Meta five working days to respond to its concerns before it would consider further escalating the matter. “This Commission has created means to protect European citizens from targeted disinformation and manipulation by third countries,” EC President von der Leyen wrote. “If we suspect a violation of the rules, we act.”

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The tech giant finally agreed to separate Teams from its productivity suites earlier this year but said it was “unclear” how it would happen. Then, in July, the European Commission appeared to get tired of waiting and launched a probe into whether bundling Teams into productivity suites was in defiance of EU competition rules.

Now, it seems Microsoft is trying to play nice and get the European Commission off its back. “We recognize our responsibility as a major technology provider to support a healthy competitive environment. We appreciate the clarity that has emerged on several of the concerns from extensive and constructive discussions with the European Commission,” Microsoft’s vice president of European Government Affairs, Nanna-Louise Linde, said in the blog post announcing the decision. “With the benefit of this clarity, we believe it is important that we start to take meaningful steps to address those concerns. We do this not with the sense that this will necessarily resolve all concerns, whether from the Commission or our competitors, but we believe this is a constructive step that can start to lead to immediate and meaningful changes in the market.”

Well, now there’s a when and a how. Starting October 1st, Microsoft 365 and Office 365 should each be available for €2 less per month or €24 across the whole year for customers in the European Economic Area (EEA) or Switzerland. Teams should also be available on its own for €5 per month or €60 for the year. Anyone who previously bought a productivity suite can keep paying for the entire bundle or remove Teams switch plans. However, Microsoft claims that any frontline workers or small business owners in the region will still have the option to include Teams in their purchase.

Microsoft also says it will create additional support resources to direct developers to public APIs and address questions from users, such as how their data is being transferred from Teams. Plus, Microsoft “will develop a new method” for using its programs in competing apps.

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It found back then that the company gave hidden rebates and incentives to manufacturers like HP, Dell and Lenovo for buying all or almost all their processors from Intel. The Commission also found that Intel paid manufacturers to delay or to completely cease the launch of products powered by its rivals' CPUs "naked restrictions." Other times, Intel apparently paid companies to limit those products' sales channels. The Commission calls these actions "naked restrictions."

The case has gone through several European courts since then, with either side lodging an appeal, depending on what the decision was. In 2017, the highest court in the European Union ordered the fine to be re-examined on the basis that the Commission didn't conduct an economic assessment on how Intel's activity impacted its rivals' ability to compete against it.

Europe's second highest court, the General Court, then decided last year that the Commission indeed failed to perform analysis of the company's rebate scheme. As a result, it came to the conclusion that it couldn't determine how the incentives Intel offered affected its competitors. It also scrapped Intel's €1.06 billion fine, explaining that it's not in a position to determine how much it actually has to pay, but it upheld previous courts' decision that the company's naked restrictions violated EU laws.

In its announcement, the European Commission gave a few examples of how Intel hindered the sales of competing products. It apparently paid HP between November 2002 and May 2005 to sell AMD-powered business desktops only to small- and medium-sized enterprises and via direct distribution channels. It also paid Acer to delay the launch of an AMD-based notebook from September 2003 to January 2004. Intel paid Lenovo to push back the launch of AMD-based notebooks for half a year, as well.

The Commission has since appealed the General Court's decision to dismiss the part of the case related to the rebates Intel offered its clients. Intel, however, did not lodge an appeal for the court's ruling on naked restrictions, setting it in stone. "With today's decision, the Commission has re-imposed a fine on Intel only for its naked restrictions practice," the European authority wrote. "The fine does not relate to Intel's conditional rebates practice. The fine amount, which is based on the same parameters as the 2009 Commission's decision, reflects the narrower scope of the infringement compared to that decision." Seeing as the rebates part of the case is under appeal, Intel could still pay the rest of the fine in the future.

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The Commission is asking Meta for more information about what it’s done to mitigate illegal content and misinformation related to the ongoing violence in the Middle East. The TikTok request specifically calls out “the spreading of terrorist and violent content and hate speech” and misinformation on the platform. In addition, the Commission wants additional information from TikTok about “its provisions related to the protection of minors online,” and from Meta related to how it’s protecting election integrity.

“By pointing out the responsibility of platforms — and their CEOs — in the management (or lack of management) of illegal content distributed on their platforms, we are sending out a very explicit signal: things have changed in Europe,” Commissioner Breton said in a related speech Wednesday to Parliament. “There is a law. It must be respected.”

Both companies have until October 25 to respond to Middle East crisis questions and November 8 for the other issues. From there, the European Commission will “assess next steps.”

Although affluent Big Tech corporations may have calmly skirted similar requests without consequences in the recent past, the DSA gives the Commission legally binding enforcement power that can carry fines of up to six percent of a company’s global turnover. That’s enough to serve as an effective “stick” against the infringing companies. “With the DSA, we have a complete toolbox that we must make full use of to achieve our goal: to ensure that online security is guaranteed and fundamental rights are fully protected,” said Breton.

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The European Commission is investigating whether iMessage’s current functioning violates the DMA. Apple argues that its “small scale relative to other messaging services” and the lack of required use (or cost to do so) makes it irrelevant to the law. However, a letter from executives at companies such as Google, Vodafone and Orange argues that it should qualify as “enriched” messaging is only available to Apple users.

Apple’s iMessage not so subtly rewards you for communicating with other Apple devices (and for being an Apple user). Chats on iMessage stay blue until you add an Android user into the mix, and, suddenly, everything is green. On the tech side, Android users also get lower-quality photos and videos when they’re sent through iMessage. Plus, iMessages can be sent over Wi-Fi, reducing the need for data when traveling or if you’re simply running low on gigabytes for the month.

In a statement aimed at keeping iMessage’s benefits exclusive to Apple users, the company said, “Consumers today have access to a wide variety of messaging apps, and often use many at once, which reflects how easy it is to switch between them. iMessage is designed and marketed for personal consumer communications, and we look forward to explaining to the commission why iMessage is outside the scope of the DMA.”

If the fight against Apple is successful, changes to iMessage would be the latest shift forced by the European Commission. Apple’s new iPhone 15 dropped the lightning charger following a law mandating all new mobile devices sold in the EU have a USB-C port by the end of 2024.

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The Commission has been investigating Apple since 2020, with Executive Vice-President Margrethe Vestager previously stating there were “indications that Apple restricted third-party access to key technology necessary to develop rival mobile wallet solutions on Apple’s devices.”

While Apple’s current proposal could get it out of a hefty fine and settle the case against it, it’s not guaranteed to move forward. The Commission will likely confer with Apple’s rivals and customers in the next month or so to determine if it should accept the offer. More than 2,500 banks across Europe use Apple Pay.

Apple also faces a lawsuit in the United States, brought in July 2022 by Iowa’s Affinity Credit Union. Similarly, it accuses Apple of engaging in anti-competitive behavior by illegally restricting iOS users to Apple Pay for any contactless payments.

In September 2023, a US District Court Judge Jeffrey S. White of California ruled that the case would move forward, stating: “Plaintiffs have plausibly alleged that Apple Pay charges arbitrary and inflated fees to issuers, and that competition in the tap-and-pay iOS mobile wallet market would spur innovation and lead to lower prices.” In his decision, White also explained that the plaintiffs properly demonstrated Apple’s alleged and attempted monopolization.

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In its press release, the European Commission states that it will look to X's Community Notes feature to determine whether it's effective enough in "mitigating risks" to "civic discourse and electoral processes." It'll also address "suspected shortcomings" in X's decision to limit access to its data firehose, which could negatively affect researchers and other public bodies. The company's advertising platform is in the Commission's crosshairs, too, as is the "suspected deceptive design" of features like paid checkmarks.

In February 2023, all online services operating in the EU had to declare their size to determine if they were a Very Large Online Platform (VLOP). A VLOP is any platform with over 45 million users across the EU. Any company designated as a VLOP had four months to comply with the DSA. These measures include establishing a specific point of contact, transparency in advertising and content moderation and clear, user-friendly terms and conditions. It also requires identifying and mitigating risks such as illegal content, gender-based violence and protecting minors. Other logistical stipulations include permitting vetted researchers to access data that informs about systemic risks in the EU, sharing data with the Commission and having an independent audit annually.

The Commission's actions follow a risk assessment report X submitted in September, a transparency report the platform published in November and ongoing concerns about how X is handling — or mishandling, for that matter — content about the Israel-Hamas War. Breton sent a letter to Elon Musk about the platform's responsibility to moderate posts in line with the DSA. The European Union opened an investigation into X's handling shortly after.

In a statement, Breton explained that the newly announced proceedings show "the time of big online platforms behaving like they are 'too big to care' has come to an end." He continued: "We now have clear rules, ex ante obligations, strong oversight, speedy enforcement, and deterrent sanctions and we will make full use of our toolbox to protect our citizens and democracies." This instance marks the first time the Commission has opened formal proceedings to enforce these EU regulations.

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The European Commission (the EU’s executive arm) says VLOPs have until February 17 to comply with the DSA’s general requirements. Those include making it easy for users to flag illegal content, prioritizing reports from “trusted flaggers,” providing a means of appeal for content moderation decisions, publishing an annual transparency report detailing content moderation processes and bolstering their systems to “ensure a high level of privacy, security and safety of minors.”

The three porn sites also have four months to comply with additional obligations. For instance, they’re required to have mitigation measures in place to prevent the spread of illegal content. This, according to the Commission, includes “child sexual abuse material and content affecting fundamental rights, such as the right to human dignity and private life in case of non-consensual sharing of intimate material online or deepfake pornography.” The three sites must also offer researchers publicly available data and be subject to an annual external independent audit. The Commission says these measures will “empower and protect users online, including minors, and duly assess and mitigate any systemic risks stemming from their services.”

The Commission says it will keep a close eye on the three porn sites to make sure they comply with the rules, “especially concerning the measures to protect minors from harmful content and to address the dissemination of illegal content.”

When asked for comment, Pornhub directed Engadget to a statement claiming that “as of July 31, 2023, Pornhub has 33 million average monthly recipients of the service in the European Union, calculated as an average over the period of the past six months.” As such, Pornhub disputes the EU’s claim that it has more that 45 million monthly users in the bloc. Engadget has also asked XVideos and Stripchat for comment.

The penalties for failing to comply with the DSA’s requirements are severe. Platform holders can be fined up to six percent of their annual global revenue. The Commission may also issue penalties of up to five percent of average daily worldwide revenue for each delayed day that VLOPs fail to abide by remedies, interim measures or commitments. In extreme cases, the EC can also ask national courts to temporarily block access to a given service.

The Commission, which designated its first 19 Very Large Online Platforms and Search Engines under the DSA in April, is already holding some VLOPs to account. Earlier this week, the EU opened formal infringement proceedings into X over potential violations of the DSA. Among other things, investigators are looking into whether the platform is doing enough to mitigate risks to “civic discourse and electoral processes.” They’re also examining the “suspected deceptive design” of features such as paid checkmarks. In October, the EU said it was looking into Meta’s and TikTok’s handling of the conflict between Israel and Hamas under the DSA.

Update 12/20 8:38AM ET: Added Pornhub’s statement.

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The Commission opened an investigation into Apple in 2020 over potentially restricting rival mobile wallet pay developers' access to necessary technology, thus eliminating Apple Pay's competition. Two years later, it announced charges against Apple for allegedly violating the European Union's antitrust laws, which, if proven, could leave Apple with a massive bill.

Apple's proposal compromises on its previous assertions that third parties could negatively impact security. If approved, Apple would, among other things, allow third parties to APIs with NFC functionality — no fee or use of Apple Pay or wallet required. This shift would include access to technology that keeps payment information secure. Apple would apply this to any developers and iOS users registered in the European Economic Area (EEA). However, people outside the EEA might still be able to use third-party apps. Apple also claims it will call upon an independent reviewer in disputed instances where the company denied NFC access. All suggested changes and prior press releases on the case are available here.

As expected, the European Commission has not rushed to accept Apple's proposed commitments. Instead, it has laid them out and requested feedback from Apple's rivals (and any other interested entities) on whether the laid-out changes are acceptable.

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