Apple and the EU are at loggerheads again!

A few weeks ago, Apple published rules that developers must follow to make their apps available through third-party stores and even simple web downloads. But because these rules are so restrictive, the European Commission thinks they may not comply with the DMA. So how will Apple and the EU resolve this issue?

Apple fails to satisfy the EU again

The European Commission has launched an investigation into Apple’s new fee structure for alternative app stores. The reason for the investigation is stated as follows: “Apple’s new fee structure and other terms and conditions for alternative app stores and web distribution of apps (outsourcing) may be contrary to the purpose of its obligations under Article 6(4) of the DMA.”

The fee structure refers to Apple’s proposed “Basic Technology Fee”, which would charge developers €0.50 per first annual install each year for apps with over 1 million downloads from third-party app stores (including updates).

This could be devastating for small developers who, according to the EU, have noticed that their apps are growing in popularity. Instead of celebrating, developers may worry about how they will pay Apple’s fee. They may be forced to leave an old app unupdated because it will lead to new fees. And that doesn’t create a satisfying experience for users.

Apple is not the only company having problems with the EU. Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft were the six companies that were set in September 2023 and had to fully comply with the DMA by March 7. The Commission gave Meta a 6-month extension to finish the work on Facebook Messenger.

It is worth noting that these are preliminary investigations; the European Commission has not definitively determined whether the parent companies are complying with the DMA. But if the answer is negative, companies can be fined up to 10% of their annual global revenues (up to 20% for persistent refusals to comply).