Consumer advocates: Apple, Google & Co. violate EU competition rules
EU consumer advocates have identified cases in which big tech companies from the US and China have apparently failed to comply with the Digital Markets Act.
(Image: Ascannio/Shutterstock)
Amazon, Apple, ByteDance (TikTok), Google, Meta and Microsoft are not complying with parts of the Digital Markets Act (DMA) that are most important to consumers. This is the conclusion reached by the EU umbrella organization of consumer protection organizations Beuc in a study published on Monday. The DMA, with its comprehensive competition rules, is "a crucial piece of legislation" to prevent Big Tech from controlling digital markets as gatekeepers and to offer consumers more choice and protection, Beuc emphasizes. Although the regulation has been in force since the beginning of 2024, the auditors said they had found numerous examples "of possible infringements by the companies concerned". These are likely to have "negative consequences for markets and consumers alike".
Apple can no longer force users to use its payment system for in-app purchases on iPhones or iPads, the consumer advocates say, citing an example of requirements from the DMA. Meta must offer WhatsApp users the opportunity to communicate with users of other instant messaging platforms. Google is obliged to actively ask consumers which search engine they would like to use.
However, the major gatekeepers have not always complied with the new competition rules in many of their services to date, Beuc complains. They explain potential legal violations in several areas. For example, Meta, Google, Amazon, ByteDance and Microsoft continue to demand consumers' consent to the cross-service use of their personal data. Buttons for personalized advertising were also "not neutral" in Microsoft's TikTok and LinkedIn, for example. The colors for consent or rejection alone could "significantly distort or impair" a user's free decision.
Connection of further messengers to Meta still open
According to the report, Apple and Google are also making it more difficult to subscribe to services outside the respective app stores of the two mobile operating system providers. Apple in particular is trying to deter users from "considering potentially cheaper or better offers" with various warnings. Corresponding full-screen notices did not allow users the freedom to select potentially cheaper apps from third parties, as required by the DMA. In general, Apple hinders the downloading of alternative app stores and programs available there. Furthermore, the selection screens and default settings of browsers and search engines at Apple and Google leave a lot to be desired.
According to the investigation, Google and Amazon also violate the requirement not to give preference to their own services in search results. The e-commerce giant is also creating barriers to unsubscribing from services. The consumer advocates also see a major problem with the required interoperability for instant messaging, particularly with Meta. The US company has "not yet provided sufficiently detailed information" on what a corresponding user interface will look like. There are also no details on the planned functionality. However, it is crucial that the interface design and the "messaging experience" do not undermine consumers' desire to chat across multiple services.
Beuc calls on the EU Commission to adequately enforce the DMA "so that major technology companies fully comply with it and consumers reap the benefits of more open digital markets". The Brussels government institution has already commendably addressed some of the identified problem areas as part of its own investigations into compliance with the regulation and with preliminary findings in the spring and summer. The first sanctions against Apple based on the DMA are reportedly in the pipeline. The company recently announced that users in the EU will be able to set additional default apps on their iPhone and iPad and delete the Safari browser, for example.
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