EU to Apple: New Rules, Who Dis?

EU to Apple: New Rules, Who Dis?

4 minute read
Published: 6/24/2024

Accused of breaching competition rules, Apple faces a potential fine of up to 10% of its global revenue, as EU regulators scrutinize its App Store policies under the new Digital Markets Act.

In a dramatic showdown that could cost the tech giant billions, EU regulators are zeroing in on Apple's App Store practices under the new Digital Markets Act. The investigation, which began in March, questions Apple's anti-steering rules and hefty 'core technology fee,' just months after Apple reluctantly allowed apps from third-party sources. Apple's defense? A casual assertion of compliance, as billions of euros hang in the balance.

The European Commission opened its investigation into Apple's practices in March, setting the stage for what could be one of the most consequential regulatory actions in recent tech history. Apple, known for its tightly controlled ecosystem, may find itself in hot water over its App Store rules—specifically those that prevent app developers from steering consumers to cheaper services. It seems Apple's walled garden might be in for a bit of European landscaping.

Central to the probe is the Digital Markets Act (DMA), a set of regulations newly minted to clip the wings of tech behemoths like Apple, Alphabet, and Meta. The DMA's primary focus is on anti-competitive practices, and it's already proving to be a thorn in Apple's side. One key point of contention is the so-called 'anti-steering' rules, which prevent app developers from directing consumers to potentially cheaper services off the App Store.

'The DMA isn't just about drawing lines in the sand; it's about erecting solid walls,' explained a spokesperson for the European Commission. These walls target specific practices that regulators believe are stacked against consumers and smaller companies. Apple's anti-steering policies are seen as particularly egregious because they limit market competition and keep prices artificially high.

In response to the DMA, Apple did make some changes to its App Store policies earlier this year. Developers can now offer apps via websites and third-party app stores in the EU. This seemingly magnanimous gesture, however, has been met with skepticism by both regulators and developers alike. The fine print reveals that Apple is still levying a 'core technology fee' of 50 euro cents per app installed outside the App Store, a potential sticking point for the Commission.

Officials are actively investigating whether this fee, among other things, aligns with the DMA's stringent requirements. If found in violation, Apple could face a fine of up to 10% of its global revenue. For a company that raked in around $365 billion last year, that's not loose change – it's a serious dent in the financial armor.

Apple, for its part, maintains an air of serene compliance, asserting that its policies are in line with the new regulations. 'We believe that our recent changes to the App Store meet all the criteria set forth by the Digital Markets Act,' an Apple representative noted. Yet, the European Commission doesn't appear entirely convinced, particularly when it comes to that pesky core technology fee.

The DMA’s broader objective is to dismantle the monopolistic structures that have allowed a handful of tech giants to dominate the digital economy. By enforcing measures like multi-platform access and prohibiting forced in-house payment systems, the EU aims to democratize the digital marketplace. Think of it as the EU saying, 'Why should tech giants have all the fun?'

As the digital dust settles, it's clear that the ramifications of this investigation will extend beyond just Apple. Other tech giants are undoubtedly watching closely, possibly recalibrating their own strategies to avoid similar scrutiny. After all, the DMA was designed with more than one corporate titan in mind.

For consumers, the outcome of this investigation could mean more choices and potentially lower prices for apps and services. The hope is that by leveling the playing field, smaller developers will have a fighting chance and consumers will no longer be cornered into the sometimes costly confines of a single app store, finally giving them the chance to escape the app store's walled garden—that one neat little place where they keep all the flowers but won't let you pick any.

The next few months will be critical as the European Commission continues to dig into Apple’s practices. Whether Apple chooses to comply or defy, the resolution of this case will set a precedent that could redefine the landscape of digital competition for years to come. And who knows, maybe one day we'll be downloading apps on our iOranges too.