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Apple's App Store policies under attack under new EU competition law

Apple's App Store policies under attack under new EU competition law

 


Regulators in Brussels said on Monday that Apple was imposing unfair restrictions on developers of apps for its App Store, violating new European Union laws aimed at promoting competition in the technology industry.

Apple is the first company to be charged with violating the Digital Markets Act, a law passed in 2022 that gives European regulators broad powers to force the largest online gatekeepers to change their business practices.

The charges suggest the European Union, already known for aggressive regulation of the tech industry, plans to step up its crackdown. Amazon, Google and Meta also face investigations under new competition rules, while TikTok and X face investigations under a separate law aimed at forcing internet companies to more closely police their platforms for illegal content.

EU rules threaten to fragment global tech markets as companies delay the release of certain products and services over regulatory concerns. Last week, Apple said it would not release a software update with new artificial intelligence features to iPhone users in the EU due to regulatory uncertainty. Meta also released its Twitter-like service, Threads, in the EU five months after it was available in the US for similar reasons.

The charges filed on Monday further escalated a battle between Apple, which says its products are designed in the best interests of its customers, and EU regulators who say the company is unfairly using its size and significant resources to stifle competition.

EU regulators launched an investigation in March, saying Apple was imposing illegal restrictions on companies that develop games, music services and other apps. Under the law, also known as the DMA, Apple cannot restrict how companies communicate with customers about sales and other offers or content available outside the App Store. The company could be fined up to 10% of its global revenue, and for repeated violations the fine could rise to up to 20%, the regulators said. Apple reported revenue of $383 billion last year.

“Today is a crucial day for the effective enforcement of the DMA,” said Margrethe Vestager, the European Commission's executive vice-president in charge of competition policy. Vestager said Apple's App Store policies make developers more dependent on the company and prevent consumers from discovering better offers.

EU regulators said the charges were provisional and gave Apple a chance to respond, with a final decision due to be announced by March next year.

Apple has defended its practices, saying its rules and fees are a fair deal to give it a large platform to reach consumers. The company said developers can also direct consumers to websites where they can make purchases outside the App Store.

In a statement, Apple said it has made a number of changes over the past few months to comply with the DMA in response to feedback from developers and the European Commission, and “we are confident that our plans comply with the law.”

Tommaso Valetti, a former top tech economist at the European Commission, said regulators are trying to build a reputation for being tough but face challenges when it comes to forcing companies like Apple to change their business practices. They may be heading for a legal battle that could take years to resolve, but it could set a precedent for future regulation of the tech sector and the digital economy.

The European Commission has asked Apple to open up its ecosystem, but the company has refused, said Baretti, now a professor of economics at Imperial College London. Apple is essentially saying, “See you in court.”

Apple's regulatory troubles are a sign of growing government scrutiny of the tech industry around the world. In the United States, Apple is being sued by the Department of Justice for operating an illegal monopoly in the smartphone market. Apple has also argued in federal court that it is entitled to receive up to 27% of sales of certain apps through third-party payment systems, but developers argue this violates a 2021 court decision.

Japan and the United Kingdom, which have since left the European Union, are also pushing for rules to limit Apple's control over the App Store.

The European Union has long been at the center of regulatory efforts to crack down on the world's largest tech companies, but the Digital Markets Act gives authorities new powers to intervene without the lengthy process of filing traditional antitrust lawsuits, which can take years to resolve.

Another new law, called the Digital Services Act, gives regulators more power to police social media platforms and illegal online content, including material that is harmful to children. Meta, TikTok and X are under investigation for possible violations.

In January, Apple announced a list of changes to its App Store policies to comply with the Digital Markets Act, including allowing users to download competing app stores for the first time, and lowering the service fee it charges companies for sales through the App Store from 30% to a maximum of 17%.

Apple has made other changes that have angered developers, such as imposing a core technology fee of 50 euro cents per download after an app is downloaded more than 1 million times within 12 months. Spotify and Fortnite maker Epic Games said the changes amounted to a new anti-competitive tax and were among the companies that called on regulators to intervene.

The European Commission announced it would launch a separate investigation into Apple's technology fees, saying they may not be sufficient to ensure effective compliance with Apple's obligations under the DMA.

Sources

1/ https://Google.com/

2/ https://www.nytimes.com/2024/06/24/technology/apple-european-union-competition-law.html

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