EU Opens Non-Compliance Investigations into Apple, Meta, and Google

Apple's compliance with new EU laws designed to rein in the market power of big tech companies is set to be investigated by regulators, the European Commission has announced.

Apple EU iOS Changes
The Commission said on Monday that non-compliance investigations have been opened against Apple, Google, and Meta, under the new Digital Markets Act (DMA).

The probe into Apple will look at whether the company allows developers to "steer" users away from its App Store, as well as its default web browser choice screen. Google's rules on steering in Google Play and self-preferencing in Google searches are also being looked at, as is Meta's "pay or consent model."

The Commission has opened proceedings to assess whether the measures implemented by Alphabet and Apple in relation to their obligations pertaining to app stores are in breach of the DMA. Article 5(4) of the DMA requires gatekeepers to allow app developers to "steer" consumers to offers outside the gatekeepers' app stores, free of charge.

The Commission is concerned that Alphabet's and Apple's measures may not be fully compliant as they impose various restrictions and limitations. These constrain, among other things, developers' ability to freely communicate and promote offers and directly conclude contracts, including by imposing various charges.

[...]

The Commission has opened proceedings against Apple regarding their measures to comply with obligations to (i) enable end users to easily uninstall any software applications on iOS, (ii) easily change default settings on iOS and (iii) prompt users with choice screens which must effectively and easily allow them to select an alternative default service, such as a browser or search engine on their iPhones.

The Commission is concerned that Apple's measures, including the design of the web browser choice screen, may be preventing users from truly exercising their choice of services within the Apple ecosystem, in contravention of Article 6(3) of the DMA.

The Commission said it is also taking other investigatory steps to gather facts and information to clarify whether Apple's new fee structure and other terms and conditions for alternative app stores and distribution of apps from the web (sideloading) may be defeating the purpose of its obligations under the DMA.

The Commission has also adopted five retention orders addressed to Alphabet, Amazon, Apple, Meta, and Microsoft, asking them to retain documents which might be used to assess their compliance with the DMA obligations. The Commission intends to conclude the proceedings opened today within 12 months.

In cases of infringement, the Commission can impose fines up to 10% of the company's total worldwide turnover. Such fines can go up to 20% in case of repeated infringement under the DMA. The Commission also has the power to adopt "additional remedies" such as "obliging a gatekeeper to sell a business or parts of it," or banning the company from acquisitions of additional services related to the non-compliance.

Apple earlier this month implemented several major changes to the way the ‌App Store‌ and apps operate in the EU in order to comply with the DMA. These changes are included in iOS 17.4, but are generally limited to countries that are in the European Union.

Popular Stories

Apple AI Command Center Concept Mock 3

Apple Expected to Launch This All-New Device Next Year

Wednesday November 27, 2024 1:05 pm PST by
Apple is expected to kick off 2025 by launching an all-new smart home hub, also referred to as a "command center," as early as March. The hub is expected to feature around a six-inch display that can be attached to a tabletop base with a speaker, or mounted on a wall. The device is said to run a new "homeOS" operating system with a customizable widget-focused home screen, and it is expected...
Whatsapp Feature

WhatsApp to Drop Support for These iPhones Starting May 2025

Monday December 2, 2024 2:57 am PST by
WhatsApp is set to end support for iOS versions older than iOS 15.1 from May next year, removing the chat platform's compatibility with several iPhone models in the process. From May 5, 2025, WhatsApp will no longer be compatible with iPhone 5s, iPhone 6, and iPhone 6 Plus models. Users with those devices won't be able to access the encrypted chat service after the specified date unless they ...
New Things Your iPhone Can Do in iOS 18

18 New Things Your iPhone Can Do in iOS 18.2

Wednesday November 27, 2024 5:05 am PST by
Apple is set to release iOS 18.2 in early December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. There are a handful of new non-AI related feature controls incoming as...
iphone 16 pro models 1

12 Reasons to Wait for Next Year's iPhone 17

Friday November 29, 2024 5:17 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different – already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
airpods pro 2 gradient

AirPods Pro 3 Expected Next Year: Here's What We Know

Thursday November 28, 2024 3:30 am PST by
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for. Apart from their audio and noise-canceling performance, which are generally regarded as...
Flip iPhone Thumb 1

Apple's 2026 Foldable iPhone Could Reinvigorate Stalling Market

Monday December 2, 2024 4:04 pm PST by
The foldable smartphone market has stalled with customer interest in foldables waning, but that could change when Apple debuts a foldable iPhone, according to display analyst Ross Young. In a report on the current foldable smartphone market, Young says that Apple is expected to "enter the foldable market" in the second half of 2026. Apple's "dominant position in flagship smartphones" could...
iPhone 17 Pro Dual Tone Rectangle Feature 1

iPhone 17 Pro Already Rumored to Have These 8 New Features

Wednesday November 27, 2024 12:19 pm PST by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch for 10 more months, there are already plenty of rumors about the devices. An imaginative iPhone 17 Pro concept based on rumors Below, we recap key changes rumored for the iPhone 17 Pro models so far: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro ...

Top Rated Comments

mvwoensel Avatar
9 months ago

Precious engineering resources being wasted on this
Then maybe Apple should've complied in good faith.
Score: 55 Votes (Like | Disagree)
ItsASpider Avatar
9 months ago
I'm shocked. Shocked, I say.

Not really, tho. That these companies weren't actually following the rules properly was kinda clear (and yes people, the rules are perfectly clear). It's telling that Microsoft of all companies is not being investigated.
Score: 40 Votes (Like | Disagree)
Smartass Avatar
9 months ago

20% of worldwide turnover as a penalty? I would say that is a good enough reason to exit that region.

Why didn't Tim Cook just start selling Android phones instead in the EU? The solution is so simple. Then it is Google their problem.
And when they're hit in China for similar reasons, they should exit that market as well? And what would happen when DOJ starts anti-trust case against Apple? Quit US market as well, and sell only to penguins in Antarctica?
Score: 29 Votes (Like | Disagree)
DelayedGratificationGene Avatar
9 months ago
Ya well whatever. The real news is the overwhelming majority growing consensus that the DoJ case against Apple is a joke.
Score: 19 Votes (Like | Disagree)
contacos Avatar
9 months ago

Maybe the EU should employ better lawyers to stop companies easily circumventing the new rules

I'm surprised that there isn't a fine structure set up so that malicious compliance isn't a trigger for a % of revenues-level fine.
Isn’t this the point of this investigation? Seems like those companies may simply not follow those established new rules. No need for the EU to get „better lawyers“
Score: 19 Votes (Like | Disagree)
d686546s Avatar
9 months ago
The drama continues, but it seemed likely that parts of Apple's proposed solution would be problematic or at least come under increased scrutiny. The fee structures are quite clearly set up to dissuade alternative app stores, as are the procedures around it.

In any case, anyone who thought that it was all done and dusted, signed off by the Commission and Apple in the clear was obviously wrong.
Score: 17 Votes (Like | Disagree)