Brussels escalates Apple probe, issues DMA noncompliance charges over App Store steering and browser rules
Enzo Reno ·
The European Commission issued Apple a Statement of Objections on Wednesday in Brussels, alleging the company failed to comply with core Digital Markets Act obligations tied to app distribution and browser choice. The action advances probes opened in March 2024 and could lead to fines of up to 10 percent of global revenue, or 20 percent for repeat infringements, according to the Commission.
The case matters because it targets Apple’s new EU business terms, including a Core Technology Fee and limits on developer steering, which regulators say may undercut the DMA’s goal of allowing rival app stores and payment options on iOS.
Key focus areas include Apple’s anti‑steering rules for developers, its approach to allowing alternative app stores on iOS, and conditions around non‑WebKit browser engines, the Commission said. Apple began allowing alternative app stores and non‑WebKit browsers for EU users with iOS 17.4 in March 2024, and introduced a Core Technology Fee of €0.50 per annual install above a threshold for apps that opt into the new terms. Spotify, Epic Games, and other developers argued the fee and related restrictions negate the DMA’s intent, filings and public statements show.
Apple has said its EU plan complies with the DMA and protects user privacy and security. In prior statements on its EU changes, Apple noted it reduced many developer fees, enabled outside payments and downloads, and created a notarization process to vet software for malware. Apple did not immediately respond to a request for comment on Wednesday.
The Commission can adopt a noncompliance decision after Apple responds, typically within several weeks, and can require remedies. Under the DMA, gatekeepers include Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft. The Commission opened parallel noncompliance investigations into Alphabet and Meta in March 2024 over search self‑preferencing and ad choices respectively.
Apple’s exposure is material. The company reported $383.3 billion in net sales in fiscal 2023, with Europe accounting for $95.1 billion, according to Apple’s annual report. In 2023 Apple’s smartphone share in Europe was roughly 24 percent, Counterpoint Research estimated, with iOS representing lucrative app spending relative to Android.
What comes next A formal finding against Apple would define the first major DMA test of mobile distribution and browser rules. Any mandated changes would pressure business models tied to platform fees and default controls across other gatekeepers, including Google Play billing, and could influence parallel enforcement by the UK CMA and the U.S. DOJ in ongoing platform cases.