Dutch Antitrust Watchdog Nears Draft Decision in App Store Probe

The Netherlands Authority for Consumers and Markets, or ACM for short, is reportedly nearing a draft decision in its investigation into Apple over rules that require developers to use its in-app payment system, which charges commissions of between 15% and 30%.

app store blue banner
According to Reuters, the ACM revealed that the draft decision was nearing completion in letters sent this month to some of the developers involved in the case. However, the letter didn't divulge how the ACM would rule, nor when its decision will be finalized.

According to the letter, the regulator is also scrutinizing Apple rules that bar developers from telling users about cheaper payment alternatives outside of the app.

"It's not just that Apple is inflicting economic harm," said David Heinemeier Hansson, co-founder of software firm Basecamp and one of those who received the letter. "Apple is essentially giving us a gag order."

The development comes almost two years since ACM began investigating the App Store to determine whether Apple abuses its position by, for example, giving preferential treatment to its own apps.

ACM launched the investigation after completing a market study that explored the influence of app stores. For numerous apps, the watchdog found that no realistic alternatives to the ‌‌App Store‌‌ and Play Store exist, potentially giving Apple and Google the opportunity to set unfair conditions.

Apple is facing several antitrust investigations into its ‌App Store‌ practices, including a legal dispute with Epic Games over in-app transaction fees and an ongoing probe by the European Commission, prompted by a complaint by Spotify that accused Apple of acting as "both a player and referee to deliberately disadvantage other app developers."

If the ACM issues a decision soon, Reuters speculates that it could become the first antitrust authority to rule on Apple's app-store payment policies which would set a precedent that could influence other ongoing investigations.

A separate ongoing ACM probe is investigating contactless platforms on smartphones and the access that payment apps have to NFC capabilities.

According to the ACM, the software that's on some smartphones "only allows the developer's own payment app to connect to NFC communication," preventing third-party payment apps from also being able to use NFC capabilities.

On iPhones, Apple Pay is the only payment method able to use NFC. Apple does not permit other financial apps to use NFC, which has resulted in disputes with some banks and financial institutions.

Popular Stories

iOS 26

When Will Apple Release iOS 26.2?

Monday December 1, 2025 4:37 pm PST by
We're getting closer to the launch of the final major iOS update of the year, with Apple set to release iOS 26.2 in December. We've had three betas so far and are expecting a fourth beta or a release candidate this week, so a launch could follow as soon as next week. Past Launch Dates Apple's past iOS x.2 updates from the last few years have all happened right around the middle of the...
ios 18 to ios 26 upgrade

Apple Pushes iPhone Users Still on iOS 18 to Upgrade to iOS 26

Tuesday December 2, 2025 11:09 am PST by
Apple is encouraging iPhone users who are still running iOS 18 to upgrade to iOS 26 by making the iOS 26 software upgrade option more prominent. Since iOS 26 launched in September, it has been displayed as an optional upgrade at the bottom of the Software Update interface in the Settings app. iOS 18 has been the default operating system option, and users running iOS 18 have seen iOS 18...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...
iOS 26

Apple Seeds iOS 26.2 and iPadOS 26.2 Release Candidates to Developers and Public Beta Testers

Wednesday December 3, 2025 10:33 am PST by
Apple today seeded the release candidate versions of upcoming iOS 26.2 and iPadOS 26.2 updates to developers and public beta testers, with the software coming two weeks after Apple seeded the third betas. The release candidates represent the final versions of iOS 26.2 and iPadOS 26.2 that will be provided to the public if no further bugs are found during this final week of testing....
iphone 17 cyber

iPhone 17 Demand Is Breaking Apple's Sales Records

Tuesday December 2, 2025 9:44 am PST by
Apple's iPhone 17 lineup is selling well enough that Apple is on track to ship more than 247.4 million total iPhones in 2025, according to a new report from IDC. Total 2025 shipments are forecast to grow 6.1 percent year over year due to iPhone 17 demand and increased sales in China, a major market for Apple. Overall worldwide smartphone shipments across Android and iOS are forecast to...
Photos App Icon Liquid Glass

John Gruber Shares Scathing Commentary About Apple's Departing Software Design Chief

Thursday December 4, 2025 9:30 am PST by
In a statement shared with Bloomberg on Wednesday, Apple confirmed that its software design chief Alan Dye will be leaving. Apple said Dye will be succeeded by Stephen Lemay, who has been a software designer at the company since 1999. Meta CEO Mark Zuckerberg announced that Dye will lead a new creative studio within the company's AR/VR division Reality Labs. On his blog Daring Fireball,...
Touchscreen MacBook Feature

Here Are the Four MacBooks Apple Is Expected to Launch Next Year

Monday December 1, 2025 5:00 am PST by
2026 could be a bumper year for Apple's Mac lineup, with the company expected to announce as many as four separate MacBook launches. Rumors suggest Apple will court both ends of the consumer spectrum, with more affordable options for students and feature-rich premium lines for users that seek the highest specifications from a laptop. Below is a breakdown of what we're expecting over the next ...
iphone air camera

iPhone Air's Resale Value Has Dropped Dramatically, Data Shows

Thursday December 4, 2025 5:27 am PST by
The iPhone Air has recorded the steepest early resale value drop of any iPhone model in years, with new data showing that several configurations have lost almost 50% of their value within ten weeks of launch. According to a ten-week analysis published by SellCell, Apple's latest lineup is showing a pronounced split in resale performance between the iPhone 17 models and the iPhone Air....
iPhone 17 Pro Cosmic Orange

iPhone 17 Pro Lost a Camera Feature Pro Models Have Had Since 2020

Thursday December 4, 2025 5:18 am PST by
iPhone 17 Pro models, it turns out, can't take photos in Night mode when Portrait mode is selected in the Camera app – a capability that's been available on Apple's Pro devices since the iPhone 12 Pro in 2020. If you're an iPhone 17 Pro or iPhone 17 Pro Max owner, try it for yourself: Open the Camera app with Photo selected in the carousel, then cover the rear lenses with your hand to...
chatgpt logo

Sam Altman Declares 'Code Red' for ChatGPT, Delays OpenAI Advertising Plans

Tuesday December 2, 2025 3:30 pm PST by
OpenAI is deprioritizing work on advertising as it focuses on improving the quality of ChatGPT, reports The Information. OpenAI CEO Sam Altman declared a "code red" on Monday, and told employees that the company needs to improve ChatGPT so it doesn't fall behind competitors like Google and Anthropic. Altman said that OpenAI needs to work on personalization for each user, image generation,...

Top Rated Comments

deevey Avatar
62 months ago

This one seems quite reasonable. Not allowing other payment options is one thing, not being able to promote "out of App Store" possibilities another.
Alright, say if you have a shop that sells Apple products.

By that rationale, Apple should be able to advertise in YOUR shop that customers can buy those products cheaper from them directly and you must let them do that ?
Score: 5 Votes (Like | Disagree)
subi257 Avatar
62 months ago

Alright, say if you have a shop that sells Apple products.

By that rationale, Apple should be able to advertise in YOUR shop that customers can buy those products cheaper from them directly and you must let them do that ?
Exactly, You as a store owner would tell Apple get the F out! That applies to any and all sales, I have a supermarket and on the shelves above every item, I will have a sign telling you where to get it for a lower cost.

It costs Apple....or Google, or whatever app store money to host the apps. Server space, utilities to run servers, engineers to maintain them, etc. Why should I give that away for free as a for profit business. I could be wrong, but if it was not for Apple and the app store in he first place, more than half of these developers would not exist.
Score: 5 Votes (Like | Disagree)
contacos Avatar
62 months ago

Alright, say if you have a shop that sells Apple products.

By that rationale, Apple should be able to advertise in YOUR shop that customers can buy those products cheaper from them directly and you must let them do that ?
That’s redundant because Apple will never be the cheaper option. Also there isn’t even an option to go buy elsewhere with the AppStore being the only source. You can buy a game for your Nintendo at Walmart but you can also decide to buy it more expensive on the Nintendo Online Store. Apple doesn’t even give you the option


Exactly, You as a store owner would tell Apple get the F out! That applies to any and all sales, I have a supermarket and on the shelves above every item, I will have a sign telling you where to get it for a lower cost.

It costs Apple....or Google, or whatever app store money to host the apps. Server space, utilities to run servers, engineers to maintain them, etc. Why should I give that away for free as a for profit business. I could be wrong, but if it was not for Apple and the app store in he first place, more than half of these developers would not exist.
I thought that’s what the 99 dollars per year is already for?


If Apple cannot generate revenue from the App Store then what is the business motivation for having it? Is the App Store to be regulated into a free service for developers that Apple is required to provide and lose money on? Apple gets nothing for its efforts? It certainly looks that way. You know it wasn’t that long ago that developers had to fend for themselves and do all of the marketing and rely on word of mouth to get traction for their softwares. How many small time developers went belly up because they didn’t have the resources to promote their products?
Yes and no. Apple needs developers to develop apps just as much as the devs need Apple. Without apps, iOS would have become another Windows Mobile and the iPhone less interesting. Imagine if FB stopped offering FB, Instagram and WhatsApp on iOs
Score: 3 Votes (Like | Disagree)
Wildkraut Avatar
62 months ago

Apple has been a closed ecosystem from day one. As a developer if you didn't see that up front you are either blind or nieve....OR...just plain greedy. That closed app store has made a lot of money for a lot of developers. I can't even begin to count how many .99 apps I bought...knowing that it's most like junk, or ehh, but an .99 who cares. If globally, 10,000 people did the same and the developers get .666 on the dollar that means they just made $6,666.00
Sounds like you love to pay 0.99 for junk!
Mind if i sell you a bit of garbage out of our trash can?
Score: 3 Votes (Like | Disagree)
Stratus Fear Avatar
62 months ago

This one seems quite reasonable. Not allowing other payment options is one thing, not being able to promote "out of App Store" possibilities another.
Normally I'm on Apple's side on a lot of their platform decisions, but I agree, this probably isn't unreasonable. In my opinion, if Apple really wants developers to use IAP, even for services Apple largely is not providing in a third-party app, e.g. media content delivery related transactions, like ebooks and music/video subscriptions, I don't see why they can't compromise on their 30% for certain categories such as those and make the fee similar to what credit card processors charge (something like 1%-3%). They'd still have the massive 30% cut from traditional IAP like DLCs for game apps and other stuff where content delivery is solely from the App Store. Seems like that could be a compromise that makes most people happy.
Score: 2 Votes (Like | Disagree)
jonblatho Avatar
62 months ago

I know exactly what you said. If I were Apple, I wouldn't kow-tow to this directly. What Apple does, however, is anybody's guess.
If you can’t see that the hammer of regulation is coming eventually if Apple keeps marching down this path, I can’t help you.
Score: 2 Votes (Like | Disagree)