Commission sends preliminary findings to Apple and opens additional non-compliance investigation against Apple under the Digital Markets Act

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


Today, the European Commission has informed Apple of its preliminary view that its App Store rules are in breach of the Digital Markets Act (DMA), as they prevent app developers from freely steering consumers to alternative channels for offers and content.

In addition, the Commission opened a new non-compliance procedure against Apple over concerns that its new contractual requirements for third-party app developers and app stores, including Apple’s new “Core Technology Fee”, fall short of ensuring effective compliance with Apple’s obligations under the DMA.

Preliminary findings on Apple’s steering rules for the App Store

Under the DMA, developers distributing their apps via Apple’s App Store should be able, free of charge, to inform their customers of alternative cheaper purchasing possibilities, steer them to those offers and allow them to make purchases.

Apple currently has three sets of business terms governing its relationship with app developers, including the App Store’s steering rules. The Commission preliminarily finds that:

  • None of these business terms allow developers to freely steer their customers. For example, developers cannot provide pricing information within the app or communicate in any other way with their customers to promote offers available on alternative distribution channels.
  • Under most of the business terms available to app developers, Apple allows steering only through “link-outs”, i.e., app developers can include a link in their app that redirects the customer to a web page where the customer can conclude a contract. The link-out process is subject to several restrictions imposed by Apple that prevent app developers from communicating, promoting offers and concluding contracts through the distribution channel of their choice.
  • Whilst Apple can receive a fee for facilitating via the AppStore the initial acquisition of a new customer by developers, the fees charged by Apple go beyond what is strictly necessary for such remuneration. For example, Apple charges developers a fee for every purchase of digital goods or services a user makes within seven days after a link-out from the app.

By sending preliminary findings, the Commission informs Apple of its preliminary view that the company is in breach of the DMA. This is without prejudice to the outcome of the investigation as Apple now has the possibility to exercise its rights of defence by examining the documents in the Commission’s investigation file and replying in writing to the Commission’s preliminary findings.

If the Commission’s preliminary views were to be ultimately confirmed, none of Apple’s three sets of business terms would comply with Article 5(4) of the DMA, which requires gatekeepers to allow app developers to steer consumers to offers outside the gatekeepers’ app stores, free of charge. The Commission would then adopt a non-compliance decision within 12 months from the opening of proceedings on 25 March 2024.

New non-compliance investigation into Apple’s contract terms

Today, the Commission has also opened a third non-compliance investigation into Apple’s new contractual terms for developers as a condition to access some of the new features enabled by the DMA, notably the provision of alternative app stores or the possibility to offer an app via an alternative distribution channel. Apple has so far kept the option to subscribe to the previous conditions, which do not allow alternative distribution channels at all.

The Commission will investigate whether these new contractual requirements for third-party app developers and app stores breach Article 6(4) of the DMA and notably the necessity and proportionality requirements provided therein. This includes:

  1. Apple’s Core Technology Fee, under which developers of third-party app stores and third-party apps must pay a €0.50 fee per installed app. The Commission will investigate whether Apple has demonstrated that the fee structure that it has imposed, as part of the new business terms, and in particular the Core Technology Fee, effectively complies with the DMA.
  2. Apple’s multi-step user journey to download and install alternative app stores or apps on iPhones. The Commission will investigate whether the steps that a user has to undertake to successfully complete the download and installation of alternative app stores or apps, as well as the various information screens displayed by Apple to the user, comply with the DMA.
  3. The eligibility requirements for developers related to the ability to offer alternative app stores or directly distribute apps from the web on iPhones. The Commission will investigate whether these requirements, such as the ‘membership of good standing’ in the Apple Developer Program, that app developers have to meet in order to be able to benefit from alternative distribution provided for in the DMA comply with the DMA.

In parallel, the Commission will continue undertaking preliminary investigative steps outside of the scope of the present investigation, in particular with respect to the checks and reviews put in place by Apple to validate apps and alternative app stores to be sideloaded.

Background

Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft, the six gatekeepers designated by the Commission on 6 September 2023, had to fully comply with all DMA obligations by 7 March 2024.

On 25 March 2024, the Commission opened non-compliance investigations into Alphabet’s rules on steering in Google Play and self-preferencing on Google Search, Apple’s rules on steering in the App Store and the choice screen for Safari, and Meta’s “pay or consent model”. The Commission announced additional investigatory steps to gather facts and information in relation to Amazon’s self-preferencing and Apple’s alternative app distribution and new business model.

On 29 April 2024, the Commission designated Apple with respect to its iPadOS, its operating system for tablets, as a gatekeeper under the DMA. On 13 May 2024, the Commission also designated Booking as a gatekeeper under the DMA, for its online intermediation service Booking.com. In total, 24 core platform services provided by all gatekeepers have been designated.

In case of an infringement, the Commission can impose fines up to 10% of the gatekeeper’s total worldwide turnover. Such fines can go up to 20% in case of repeated infringements. Moreover, in case of systematic infringements, the Commission is also empowered to adopt additional remedies such as obliging a gatekeeper to sell a business or parts of it, or banning the gatekeeper from acquisitions of additional services related to the systemic non-compliance.

Quote(s)

Today is a very important day for the effective enforcement of the DMA: we have sent preliminary findings to Apple. Our preliminary position is that Apple does not fully allow steering. Steering is key to ensure that app developers are less dependent on gatekeepers’ app stores and for consumers to be aware of better offers. We have also opened proceedings against Apple in relation to its so-called core technology fee and various rules for allowing third party app stores and sideloading. The developers’ community and consumers are eager to offer alternatives to the App Store. We will investigate to ensure Apple does not undermine these efforts.

Margrethe Vestager, Executive Vice-President in charge of competition policy

Apple’s new slogan should be “act different”. Today we take further steps to ensure Apple complies with the DMA rules. We have reason to believe that the AppStore rules not allowing app developers to communicate freely with their own users is in breach of the DMA. We a

re also opening a new case in relation to Apple’s new business terms for iOS. Without prejudice to Apple’s right of defence, we are determined to use the clear and effective DMA toolbox to finally open real opportunities for innovators and for consumers.

Thierry Breton, Commissioner for Internal Market


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© WHO A large-scale combined missile and drone strike hit Kyiv's Solomianskyi district on August 20, 2026.

Ukraine: Critical health supplies destroyed in ongoing Russian attacks

This article is published in association with United Nations. Ongoing and deadly Russian attacks across Ukraine are causing serious healthcare disruption, with more than $1.5 million-worth of medicines and supplies destroyed in four separate strikes on warehouses used by the UN there since July. According to the World Health Organization (WHO), 21 warehouses have been […]
© UNICEF/Niccolò Corti A child sits alone, praying, at a reception centre for migrants in Lampedusa, Italy.

World News in Brief: West African migrant crossings, Argentina takes UK to maritime tribunal, farming in Gaza, mental health update

This article is published in association with United Nations. Fewer people from West Africa are reaching Europe by sea, but the journey has not become safer, the UN migration agency (IOM) said on Tuesday. Arrivals from Mali, Senegal, Guinea and The Gambia fell by 59 per cent in the first half of 2026 compared with […]
© UN Ukraine The aftermath of a drone attack in a residential area in Kyiv on 12 October.

Ukraine: Residents killed and dozens injured in attacks on Kharkiv and Kyiv

This article is published in association with United Nations. Russian attacks in recent days on on Ukraine’s two largest cities have again killed and injured civilians, damaged homes and civilian infrastructure, the UN aid coordination office (OCHA) said on Tuesday. Aid workers and rescuers were on the ground in Kyiv and Kharkiv following aerial strikes that […]
© IOM The war in Sudan has created extreme levels of displacement, both internally and across Sudan’s borders.

‘Efficiency has limits’: UNHCR chief warns refugee protection is buckling under cuts

This article is published in association with United Nations. The money is running out faster than needs are growing: with 117 million men, women and children now forced from their homes, the UN refugee agency (UNHCR) has received just $3 billion of the $8.5 billion it needs this year – and its chief, Barham Salih, warns […]
© UNOCHA/Ramatoulaye Moussa Maz A woman walks through a camp for displaced people in Ituri Province in eastern DR Congo, where decades of violence have impacted millions, creating a humanitarian emergency.

Rise in poverty is ‘a wake-up call for the world’, UN development chief says

This article is published in association with United Nations. The number of people living in “multidimensional” poverty has risen for the first time in 15 years, reaching 1.2 billion, as families struggle to meet their basic needs.  The finding comes in the 2026 update of the global Multidimensional Poverty Index (MPI) published by the United Nations […]
© UNDP Nidaa with the chickens and ducks she raises in Gaza.

Sustaining livelihoods amid crisis in Gaza

This article is published in association with United Nations. Nidaa, Hanaa and Hanin have different stories, but share a common thread: the determination to build something of their own and keep it going despite extraordinary challenges facing them in war-ravaged Gaza. Following the devastation of the past three years, productive capacity in Gaza has been severely […]
© UNICEF/Oleksii Filippov A firefighter works on the balcony of a wrecked building in Kyiv, Ukraine.

World News in Brief: Russian attacks continue in Ukraine, Gazans shelter in flood-prone areas, keeping sight of eye health

This article is published in association with United Nations. UN human rights chief Volker Türk said on Thursday he was appalled by a wave of attacks that have killed civilians across Ukraine over the past four days.  They include a strike on two public buses in Kramatorsk on Thursday, that left at least 30 civilians dead, […]
This article is published in association with United Nations.

Ukraine: UN condemns latest attacks and calls for civilian protection

This article is published in association with United Nations. The UN Humanitarian Coordinator for Ukraine on Wednesday called for an end to attacks against civilians following further overnight strikes by Russian forces that reportedly killed at least 19 in the Chernihiv Region. Among the dead in Pryluky were five children, three of them babies, according to the […]
© UNICEF-SoP/Crickx People walk down a dusty road in the West Bank carrying belongings.

Israeli demolition in East Jerusalem displaces 69 Palestinians

This article is published in association with United Nations. Sixty-nine Palestinians – more than half of them children – were displaced on Tuesday after Israeli authorities green lit the demolition of their residential building in the At Tur area of East Jerusalem, the UN aid coordination office (OCHA) has reported. This is the highest number of […]
This article is published in association with United Nations.

‘The clock on AI regulation is ticking’, warns UN rights chief

This article is published in association with United Nations. The world is running out of time to put guardrails on artificial intelligence, UN High Commissioner for Human Rights Volker Türk warned Monday, as a “ruthless race” between companies and countries raises concerns about human safety and even humanity’s survival. Speaking in the UK at an AI […]
© UNOCHA/Alina Basiuk A school in Ukraine lies in ruins after being hit by a missile.

Ukraine war ‘a human rights catastrophe’ that must end, says Türk

This article is published in association with United Nations. Human Rights The war in Ukraine is a human rights catastrophe that is “growing and intensifying by the week” and threatening an even greater disaster across the region, UN High Commissioner for Human Rights Volker Türk said on Friday. Addressing the Human Rights Council in Geneva, Mr. […]
UN News Massive tent settlement of displaced residents extends along the damaged Gaza coastline.

Palestinians yearn for ‘a return to normal life’, says top Middle East peace envoy

This article is published in association with United Nations. The UN is continuing efforts to support Palestinians in Gaza amid major challenges to humanitarian access, reconstruction and the restoration of essential services, according to Ramiz Alakbarov, Acting UN Special Coordinator for the Middle East Peace Process. Speaking to UN News on the margins of the UN […]
©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon (file).

Lebanon: One in five children goes to bed hungry, says UNICEF

This article is published in association with United Nations. Four in five households in Lebanon struggle to afford basic necessities today, with children increasingly going without food, missing school and being pushed into work as conflict compounds years of economic crisis. “I wanted to buy clothes for my children, but I could not. I also wanted […]

World News in Brief: Deadly Myanmar strikes as Malaysia begins deportations, new emergency funding released, Gaza and West Bank update

The UN chief on Tuesday strongly condemned an airstrike that reportedly killed at least 50 people at a market in Myanmar’s Rakhine state and called for those responsible to be held to account. Forces from the military junta reportedly hit Kyauktaw township around midday on Monday, when the market’s more than 200 shops were busy […]
This article is published in association with European Investment Bank.

EU provides €61 million in humanitarian aid amidst rapidly deteriorating situation in Ethiopia

This article is brought to you in association with the European Commission. Amid fears of renewed conflict in Northern Ethiopia, the European Union is providing €61 million in humanitarian funding to help the most vulnerable people in Ethiopia affected by conflict, displacement, disease outbreaks and climate-related hazards, including the impact of El Niño. The European Union […]
© UNDP A worker installs solar panels in Lanao del Sur in the Philippines.

From energy crisis to energy transition: How renewables are reshaping energy security

This article is published in association with United Nations. The continuing conflict in the Middle East is disrupting global energy markets and pushing up fuel prices, with knock-on effects far beyond the region. For Francesco La Camera, Director-General of the International Renewable Energy Agency (IRENA), the crisis is also reshaping how the world understands the phrase […]
Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the opening of the 15th United Nations Congress on Crime Prevention and Criminal Justice, bringing governments together around challenges ranging from cybercrime and fraud to the growing criminal exploitation of digital technology. The Declaration highlights an increasingly complex landscape in which services, infrastructure and technology can be exploited by criminals, including emerging trends described as “crime as a service” and “violence as a service”. At the same time, countries committed to making greater use of technology themselves, including by digitalizing justice systems and harnessing artificial intelligence in criminal justice responses. The Declaration stresses that safeguards must accompany those changes, including human oversight, transparency, due process and data protection. ‘Justice cannot be a privilege’ In a video message to the Congress, UN Deputy Secretary-General Amina Mohammed said the meeting was taking place at a time of profound change. “Justice cannot be a privilege. It must protect every person, uphold every person’s rights and leave no one behind,” said Ms. Mohamed. “This Congress is an opportunity to renew our shared commitment to justice and the rule of law, and to translate that commitment into action.” Countries are already being encouraged to put the Declaration into practice through the voluntary Pledge4Justice initiative, under which participating governments are announcing concrete, time-bound actions on crime prevention and criminal justice through 2031. The Abu Dhabi National Exhibition Centre with its curved glass tower and surrounding buildings reflected in calm water at dusk. UNODC The Abu Dhabi National Exhibition Centre where the 15th UN Crime Congress is set to take place. From Kyoto to Abu Dhabi Opening the Congress, UN Office on Drugs and Crime (UNODC) Executive Director Monica Juma framed the gathering as both a response to a changing criminal landscape and a test of international cooperation. “Today, the world convenes in Abu Dhabi to reaffirm that the rule of law and criminal justice are essential to the safety and security of people and the planet,” said Ms. Juma. “At a time when confidence in multilateralism is faltering, let Abu Dhabi be a testament to international cooperation.” Five years after the previous Congress in Kyoto, Japan, Ms. Juma said the world had reached another “inflection point”, with technology and artificial intelligence advancing at extraordinary speed. The same platforms connecting billions of people can also connect criminals, she warned, while digital currencies can conceal illicit profits and digital tools can be used to deceive, manipulate and exploit. Technology, she argued, is not simply accelerating crime but changing its character, while organized criminal networks increasingly exploit weaknesses across borders and institutions. Tweet URL Protecting people as the ‘north star’ Behind those broad trends, Ms. Juma urged delegates to focus on the people most exposed to harm, including children recruited by gangs, women facing violence at home or online, people unable to obtain legal assistance and young people lured into scam networks with promises of a better future. “Protecting these people must be the measure against which we judge our efforts over the coming week,” she said. “It must be our north star.” She called for laws and institutions capable of keeping pace with changing threats, greater access to justice and legal aid, and technology that serves as “a force for good” rather than an accelerator of harm. And while welcoming the Abu Dhabi Declaration as a starting point, Ms. Juma stressed that its impact would ultimately depend on implementation. A week focused on justice Hosted by the United Arab Emirates, the Congress runs through 1 October under the theme Protecting People and Planet in the Digital Age. Some 119 countries are represented, alongside more than 40 justice ministers and other senior officials, with over 5,100 participants from governments, civil society, academia and the private sector. Plenary meetings, workshops, side events and exhibitions will run throughout the session. Organizers are also billing this as the most youth-inclusive Crime Congress yet. Young people are participating in workshops, contributing to follow-up efforts and taking part in a dedicated Youth Lab and art exhibition, following a Youth Forum held ahead of the Congress on 24 and 25 September. UNODC serves as secretariat of the Congress and will support implementation of the Abu Dhabi Declaration.

Countries adopt global blueprint to tackle fast-evolving crime in digital age

This article is published in association with United Nations. Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the […]
United Nations President Mahmoud Abbas of the State of Palestine addresses the General Debate of the UN General Assembly’s 81st session.

Palestinian existence under threat, Abbas tells UN, warning of ‘another Nakba’

This article is published in association with United Nations. Israeli policies now threaten “the very life and existence of the Palestinian people on their homeland”, Palestinian President Mahmoud Abbas told the UN General Assembly on Thursday, urging the world not to allow “another Nakba”.  Mr. Abbas addressed the Assembly’s annual debate via pre-recorded video after his […]
© UNICEF/Oleksii Filippov A rescue worker stands outside a residential building in Kyiv’s Solomianskyi district that was severely damaged during a massive overnight attack on the city.

World News in Brief: ‘New intensity’ to Russian attacks on Ukraine, Yemen, Gaza and Colombia updates

This article is published in association with United Nations. Russian armed forces have carried out repeated attacks across Ukraine over the past several days, killing and injuring civilians and damaging homes, hospitals, shops and workplaces, UN human rights monitors said on Thursday. The attacks have involved ballistic and cruise missiles, drones and guided aerial bombs. Between […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com