Rival browsers cry foul after Microsoft Edge slips through EU gatekeeper cracks

The European Commission's decision not to designate Microsoft Edge as a core platform service is eliciting anger from rival browser makers and engineers.

Competitors and an advocacy group have sent a letter to the Commission in support of Opera's July request to officials to reconsider the exemption of Microsoft Edge as a gatekeeper under the Digital Markets Act (DMA).

That decision meant Edge wasn't subject to the toughest DMA regulations, which limit self-preferencing and require concessions to enhance competition. Microsoft, alongside other companies including Apple and Google, was designated as a gatekeeper under the regulations, but Edge was omitted from the list of products requiring changes to be compliant.

The letter - seen by by The Register - is signed by Vivaldi, Waterfox, Wavebox, and Open Web Advocacy: "The Commission decided not to apply the DMA to Microsoft Edge and, as a result, unfair practices are currently allowed to persist on the Windows' ecosystem with respect to Edge, unmitigated by the choice screens that exist on mobile."

Windows is "the most important gateway for consumers to download an independent browser on Windows PCs," the letter states.

"Multiple different technical obstacles and pop-up messages appearing on Edge undermine the consumer's choice of an independent browser. These technical obstacles discourage consumers from using independent browsers, and the messages shown on Edge mischaracterize the features of independent browsers that differentiate them from Edge.

The letter states the browser choice screen on smartphones has worked well and "demonstrated that the DMA is capable of fostering and protecting user choice as well as promoting innovation."

"The lack of a choice screen [in Windows PCs] makes alternatives less readily accessible to consumers who might want to switch away from the preinstalled (and heavily promoted) Edge browser."

According to the letter and Opera's appeal, the solution is to designate Edge under the DMA. Opera said: "We're appealing the European Commission's decision because we believe that you should have the same browser choice on Windows as you have on Android or iOS.

"Unless Edge is designated, the DMA's promise of fairness, contestability, and consumer choice will not materialize in Windows PCs."

Vivaldi CEO Jon von Tetzchner told The Register: "We were more than surprised when Edge was not designated as a gatekeeper under the Digital Markets Act.

"It's crystal clear that Microsoft gives Edge an unfair advantage, as recognized by the German Bundeskartellamt.

"We hope EU antitrust regulators will follow this lead and subject Microsoft to tough EU tech rules."

Edge's market share, at just over 5 percent, according to Statcounter, is tiny compared to Google Chrome's or Safari's when looked at across all platforms. It increases to 13.78 percent when only desktops are considered, but it is still dwarfed by Chrome.

Microsoft refused comment and from the Commission has yet to respond to calls for comment. ®

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