The first fine from the European Commission under the new rights granted to it by the DMA was imposed on Apple and Meta last month. The computer manufacturer must pay €500 million, the social media giant €200 million. These sums are ultimately not so significant considering the possibilities offered by the text (up to 10% of global turnover).
It's less the financial penalties that are important than the regulator's change requirements. The two companies have 60 days to implement them, which for Apple means allowing developers to communicate freely with their users—exactly what the American courts ultimately obtained.
But the Apple company doesn't see it that way. It is contesting the fine and preparing an appeal before the EU Court of Justice in Luxembourg. Apple accuses the European executive of having ignored its attempts to comply with the law. Several proposals for opening up the system were made last year, but they reportedly received no clear response from the Commission.
In exchanges revealed by Politico, Apple explains that it proposed, as early as last summer, removing certain restrictions imposed on developers regarding communication with users—a central request of the DMA. But the Commission reportedly asked Apple to wait for market feedback, while conducting consultations with competitors like Spotify, Match Group, and Epic Games.
The company also criticizes Brussels for changing its requirements midstream. But the Commission explains that it is Apple that must propose solutions that comply with the law! So, everyone is passing the buck… The regulator also explains that it clearly indicated when Apple's proposals were insufficient, while encouraging it to consult with market players.
The call should clarify everyone's responsibilities, specifying whether or not the DMA imposes a formal obligation on the Commission to engage in dialogue with the companies concerned. The issue at stake in Apple's appeal is therefore broader than just the amount of the fine: it could define Brussels' obligations in terms of supporting companies towards compliance with the DMA.
Source: Politico
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