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Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →The January 23, 2024 report that Microsoft’s Bing, Edge and advertising service might avoid the EU’s Digital Markets Act (DMA) gatekeeper rules proved correct—but it was only a forecast at the time. On February 13, 2024, the European Commission confirmed that it would not designate those three services as gatekeepers. Microsoft itself remains a gatekeeper for Windows PC operating system and LinkedIn.
What the January 2024 report said
On January 23, 2024, Thurrott reported, citing a Bloomberg report and unnamed sources, that the European Commission was likely to leave Bing, Edge and Microsoft’s advertising service outside DMA gatekeeper designation. The report described a pending decision, not a completed ruling. Read the original report.
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The Commission had begun examining the services after Microsoft notified it that several services met the DMA’s quantitative thresholds, while arguing that some were not important gateways between businesses and end users. The Commission opened investigations into Bing, Edge and Microsoft Advertising in September 2023. The Commission’s September announcement and its decision opening the Microsoft investigations describe that process.
What the Commission ultimately decided
On February 13, 2024, the Commission closed its market investigations and decided not to designate Bing, Edge or Microsoft Advertising as DMA gatekeeper services. It said the services did not qualify as important gateways under the Act after considering Microsoft’s arguments and input from stakeholders. The Commission also said it would continue monitoring developments. Read the Commission’s decision announcement.
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That is narrower than saying the services were found “not dominant enough” or exempt from regulation. The Commission’s decision was about whether each service met the DMA’s gatekeeper criteria. The shorthand about dominance appeared in reporting around the pending decision; it should not be mistaken for the Commission’s exact legal finding.
Why meeting DMA thresholds did not automatically mean designation
The DMA’s quantitative thresholds can create a presumption that a core platform service qualifies for gatekeeper status, but they do not make designation automatic in every case. A company may submit evidence that a service is not an important gateway or lacks a sufficiently entrenched and durable position. The Commission can accept a rebuttal, investigate further, designate the service, or decide not to designate it after reviewing the evidence.
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Microsoft notified the Commission in July 2023 that Windows PC OS, Bing, Edge, Microsoft Advertising, Outlook.com and LinkedIn met relevant quantitative thresholds. It challenged the status of some services. The Commission accepted some arguments directly and investigated Bing, Edge and Microsoft Advertising before reaching its February 2024 decision. The Commission’s designation and investigation announcement explains the distinction.
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Microsoft is still a DMA gatekeeper
The decision did not remove Microsoft from the DMA. The Act applies gatekeeper obligations to specific core platform services, rather than automatically covering every product sold by a company designated as a gatekeeper. The Commission’s gatekeeper portal currently lists Microsoft’s designated services as Windows PC OS and LinkedIn; Bing, Edge, Microsoft Advertising and Outlook.com are not listed as Microsoft-designated services. Check the Commission’s gatekeeper portal.
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That service-by-service distinction matters: Edge is not designated simply because it comes with Windows, and Bing is not designated simply because Microsoft operates it. Conversely, Windows’s designation can bring obligations affecting how Windows works, including users’ choices around certain built-in features.
What this means for people using Windows in Europe
European users may still encounter Windows changes connected to the DMA because Windows PC OS is designated. Microsoft’s compliance work has included the ability to uninstall additional built-in applications, including Edge; support for alternative providers for Windows Search web results and Windows Widgets feeds; and more explicit choices about synchronizing a Microsoft account with Windows. Those measures relate to Windows obligations, not to Bing or Edge receiving their own gatekeeper designations. The original report described these changes in its discussion of Microsoft’s European compliance work. See that report.
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What the decision means for advertisers and competitors
Because Microsoft Advertising was not designated as a gatekeeper service, the DMA obligations that apply specifically to designated online-advertising services do not attach to it through this decision. That does not establish that advertisers have no rights under other EU rules, or that Microsoft’s advertising business is outside all regulatory oversight. The ruling is limited to DMA gatekeeper designation.
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Could the Commission revisit Bing or Edge?
Yes. The Commission said it would continue monitoring Bing, Edge and Microsoft Advertising and could act if substantial market changes occur. The February 2024 outcome should therefore be understood as the decision on the evidence then assessed, not a permanent exemption. Future designation would require the Commission to assess the relevant service under the DMA; Microsoft’s status as a gatekeeper for other services does not settle that question.
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- Work at the speed of your ideas – Built with the latest Qualcomm Snapdragon X2 Elite (12 Core) processors, Surface Laptop delivers fast, AI‑accelerated performance—making it the most powerful Surface laptop for everything from multitasking to demanding workloads.
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Nor does non-designation under the DMA decide how other EU laws apply. The ruling does not exempt these services from applicable competition rules or other regulation.
Quick Recap
Timeline: report, decision and compliance
| Date | What happened |
|---|---|
| July 2023 | Microsoft notified the Commission that several services met DMA quantitative thresholds and made arguments about their gateway status. |
| September 5–6, 2023 | The Commission opened investigations into Bing, Edge and Microsoft Advertising as part of its gatekeeper designation process. |
| January 23, 2024 | The report that the services might avoid designation was published while the Commission’s decision was still pending. |
| February 13, 2024 | The Commission closed its investigations and declined to designate Bing, Edge and Microsoft Advertising. |
| March 7, 2024 | The Commission said designated gatekeepers had to comply fully with their DMA obligations from this date. Commission compliance announcement. |
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