The Association of Commercial Television and Video on Demand Services in Europe (ACT), whose members include Disney, NBCUniversal, Paramount+, and Sky, sent a letter on Monday to EU antitrust chief Teresa Ribera arguing that smart TV operating systems from Google, Amazon, Apple, and Samsung should be designated as gatekeepers under the Digital Markets Act (DMA).
Under the DMA, any platform with more than 45 million monthly active EU users and a market valuation above €75 billion is presumed to be a gatekeeper, subject to obligations designed to curb self-preferencing and increase interoperability.
To evidence their claim, the broadcasters cited market data showing Android TV's share grew from 16 percent to 23 percent between 2019 and 2024, while Amazon Fire OS climbed from 5 percent to 12 percent. Samsung's Tizen holds 24 percent, but Apple TV's share was not referenced.
The ACT also wants virtual assistants like Alexa and Siri brought under the DMA, arguing that the current lack of regulation has left AI assistants free to act as de facto gatekeepers for media content across phones, smart speakers, and car infotainment systems.
The European Commission confirmed it received the letter and is reviewing it. So far, Apple, Google, Amazon, and Samsung have not commented.
Apple's App Store, iOS, and Safari are already classified as DMA gatekeepers. A separate review into whether Apple Maps and Apple Ads meet the threshold was concluded last month, with regulators ruling that neither qualified due to low usage in Europe.
Notably, the broadcasters' letter asks the Commission to apply the DMA based on "qualitative criteria," even where platforms don't hit the usual quantitative benchmarks outlined in the regulations.
The request may sound like it's on shaky ground, but the DMA does actually have a provision for this circumstance – the EC can designate a company as a gatekeeper even if it doesn't meet the hard numeric thresholds stated above. It can look instead at factors like the platform's size, number of business users, network effects, lock-in, and structural market characteristics. In fact, this is how the Commission designated iPadOS as having gatekeeper status, even though it didn't meet the quantitative threshold.
In practice, though, the Commission is likely to be cautious about using this approach because it's messier than quantitative rules and easier to challenge in court. Apple is very likely to contest it, especially given that Apple TV's market share appears to be relatively small. Whether the same will apply to Siri is another matter, since it's tied to the iPhone and the EU already considers that a gatekeeper platform.
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This article, "Apple TV, Siri Targeted in EU Broadcaster Complaint Citing DMA Rules" first appeared on MacRumors.com
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