Brussels believes that Apple is violating its competition rules

The European Commission opened the way on Monday to heavy financial sanctions against Apple by finding, on a preliminary basis, that its App Store application store did not comply with EU competition rules.

“The App Store rules violate the Digital Markets Regulation (DMA) because they prevent application developers from directing consumers to alternative distribution channels for offers and content,” Brussels said in a “preliminary opinion”.

This opinion, published in a press release, constitutes a first in the context of the new competition rules introduced by the DMA and which have become binding since March 7. It follows the opening of an investigation on March 25.

Apple now has the possibility of exercising its rights of defense by having access to the file. The group may respond in writing to the preliminary conclusions.

Fine of 10% of its global turnover

If these were confirmed, the Commission would adopt a final decision of non-compliance by the end of March 2025. Apple could then be fined up to 10% of its global turnover, and even later up to 20% in the event of a repeated violation.

The Californian giant had a turnover of $383 billion during its annual financial year ending at the end of September 2023.

Brussels has also given itself the power to dismantle offenders, a weapon of deterrence and last resort, within the framework of the DMA.

Commercial conditions imposed

Under this regulation, “companies distributing their applications via the Apple App Store must be able, free of charge, to inform their customers of cheaper alternative purchasing possibilities, be able to direct them to these offers and allow them to make purchases. purchases,” explained the Commission.

Brussels believes that this is not the case today, due to the commercial conditions imposed by Apple on application developers.

This is an old dispute between the American giant and the Commission, the competition watchdog in the EU.

For similar reasons, the Cupertino group was already fined 1.8 billion euros by the Commission at the beginning of March, following an investigation opened in June 2020 after a complaint from the music streaming platform. Spotify.

Appeal filed

Apple, which considers itself in compliance, has filed an appeal with the EU court to have this sanction annulled.

“We are determined to use the DMA’s clear and effective toolbox to quickly put an end to a saga that has already lasted for too many years,” said European Digital Commissioner Thierry Breton.

“Apple’s new slogan should be ‘act differently.’ For too long, the “tech” giant has been crowding out innovative companies and depriving consumers of new possibilities,” he said.

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