The European Union (EU) has imposed a massive fine of €1.84 billion (approximately $2 billion) on Apple for violating antitrust laws. The EU’s antitrust watchdog, the European Commission, ruled that Apple’s strict policies on its App Store platform hampered competition and innovation in the music streaming market. This decision is a significant setback for Apple’s control over its App Store.
The Commission’s investigation, sparked by a complaint from Spotify in 2020, found that Apple had systematically barred music streaming app developers from informing iOS users about alternative, and often cheaper, subscription services available outside of the App Store ecosystem. This practice, according to the Commission, deprived consumers of choice and potentially led to higher prices.
“For a decade, Apple abused its dominant position in the market for the distribution of music streaming apps through the App Store,” said Margrethe Vestager, Executive Vice-President in charge of competition policy. “They did so by restricting developers from informing consumers about alternative, cheaper music services available outside of the Apple ecosystem. This is illegal under EU antitrust rules, so today we have fined Apple over €1.8 billion.”
The Commission’s decision sends a resounding message that no company, regardless of its size or market dominance, can wield its power in an abusive manner to control how other businesses interact with their customers.
Spotify, the company that initiated the complaint, hailed the ruling as a victory for fair competition and consumer choice. “This decision sends a powerful message — no company, not even a monopoly like Apple, can wield power abusively to control how other companies interact with their customers,” Spotify said in a statement. “Apple’s rules muzzled Spotify and other music streaming services from sharing with our users directly in our app about various benefits — denying us the ability to communicate with them about how to upgrade and the price of subscriptions, promotions, discounts, or numerous other perks.”
Apple, however, has vehemently denied any wrongdoing and plans to appeal the decision. In a scathing response, the company claimed that the Commission failed to “uncover any credible evidence” of consumer harm or anti-competitive behavior. Apple further argued that Spotify seeks to “rewrite the rules of the App Store” to gain competitive advantages while paying nothing to Apple, despite the App Store’s crucial role in Spotify’s current market domination.
The ruling is the latest development in a long-running battle between Apple and app developers over the company’s tight grip on the App Store, which serves as the sole gateway for apps on iOS devices. Developers have long criticized Apple’s 30% commission on in-app purchases, as well as the company’s restrictions on communicating with customers and promoting alternative payment methods.
Over time, the Commission’s investigation zeroed in on App Store rules that prevented developers from informing users about alternatives to Apple’s own payment options. In February 2023, the Commission expressed its “preliminary view” that Apple’s “anti-steering obligations” represent “unfair trading conditions” and argued that its App Store policies were “neither necessary nor proportionate,” potentially resulting in higher prices for consumers and limiting their choices.
While Apple has made some concessions, such as allowing developers to advertise payment methods outside of the iOS app via communications like email and, more recently, permitting developers to link out to their own sites from within the iOS apps themselves, these changes have been criticized as insufficient by Spotify and other developers.
The EU’s fine comes as Apple prepares to overhaul its app distribution rules in the EU to comply with the Digital Markets Act (DMA), which will, for the first time, allow third-party app marketplaces on the iPhone. However, app developers have voiced concerns over Apple’s proposed approach, which includes charging a commission of up to 17 percent for developers who use their own payment method or link out to their own website, in addition to an annual €0.50 fee per app install after the first million.
Spotify, along with 33 other companies and associations, recently published an open letter highlighting concerns with Apple’s DMA compliance plan, stating that the EU’s response will “serve as a litmus test of the DMA and whether it can deliver for Europe’s citizens and economy.”
The battle over App Store policies is not limited to the EU. In the United States, courts have also ruled that Apple must allow developers to link out to other payment methods as a result of a legal challenge from Fortnite developer Epic Games. However, when Apple did start allowing developers to link out, it maintained that it would still take a cut of up to 27 percent from any digital purchases — a small reduction over its typical 30 percent rate. Apple’s critics, including Spotify, have called out these changes, arguing that they demonstrate Apple’s unwavering determination to protect the profits it extracts from developers and consumers under its app store monopoly.
Alongside its investigation into Apple’s App Store policies, the European Commission has also been scrutinizing Apple’s policy of restricting the iPhone’s tap-to-pay NFC (near-field communication) functionality to its own wallet and payment services. As a result of this investigation, Apple has offered to allow third-party mobile wallet and payment providers to use the iPhone’s NFC feature for payments.
The EU’s landmark fine and ruling against Apple are a significant victory for advocates of fair competition and consumer choice in the digital marketplace. However, the battle is far from over, as Apple vows to appeal the decision and continues to face scrutiny from regulators and legal challenges from developers over its App Store practices. As the tech industry evolves and consumer demands for openness and transparency grow, the future of app distribution and payment models remains a contentious issue that will likely shape the digital landscape for years to come.
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