Apple’s App store rules are in breach of the European Union’s Digital Markets Act (DMA), the European Commission announced in preliminary findings released on Monday (24 June), while unveiling a fresh investigation as well.
“For too long Apple has been squeezing out innovative companies — denying consumers new opportunities and choices,” said Thierry Breton, the EU internal market commissioner, adding that “further steps to ensure App Store & iOS [Apple’s operating system] comply with the DMA” would be taken.
Following up on a probe launched in March, the preliminary findings say that Apple’s app store rules insufficiently allow app developers to freely ‘steer’ users to alternative distribution channels, which is mandatory under the DMA’s anti-gatekeeping rules.
According to the DMA, which entered into force in March, so-called gatekeepers – large tech companies that can influence access and exposure online, such as Facebook, Apple and Google – must allow app developers to freely direct users to alternative channels of distribution.
If found guilty, Apple could face fines of up to 10 percent of its global turnover, possibly doubling to 20 in case of repeated offences, with other non-compliance procedures still pending.
The company now has the right to respond to the preliminary findings, with the deadline for the procedure’s conclusion set for next March – 12 months after its launch.
Together with the preliminary findings, the commission also announced a fresh investigation into Apple, regarding its contractual terms for the establishment of third-party app stores.
