EU prepares DSA penalties against Apple over App Store
According to a British report, Apple is to be the first tech company to be penalized for misconduct when opening the App Store.
The EU Commission is getting serious in its dispute with Apple.
(Image: dpa, Roland Schlager/Archiv)
In the coming weeks, the European Commission could impose the first penalties against Apple on the basis of the Digital Services Act (DSA). This was reported by the Financial Times with reference to three unnamed persons. It would be the first time that the Commission has taken such action on the basis of the DSA. In addition to Apple, Alphabet (Google) and Meta are also currently being investigated for compliance with the rules.
Apple's App Store in particular is being criticized. Specifically, the EU is demanding that Apple must also make other offers easily accessible from the App Store. This includes payment options and in-app purchases, something that Apple has resisted for years.
The sticking point of payment options
This is another reason why iPhone apps are usually more expensive than their versions for other platforms because Apple reserves up to 30 percent of all transactions for itself. According to the DSA, this is no longer permitted; Apple must make external purchase options available free of charge. However, the changes made to the App Store so far to comply with this, as well as the options for alternative stores, do not go far enough for the EU.
If the Commission decides that Apple does not comply with the DSA or does not comply sufficiently – so-called "malicious compliance" - it could face high fines. According to the Times report, these could amount to up to five percent of its global turnover per day. According to the newspaper, this amounts to around one billion US dollars, meaning that Apple would have to set aside 50 million a day just for the fines.
DOJ investigation in the USA and ongoing proceedings with Epic
Some of Apple's business models are also under threat in its home market. A monopoly lawsuit is currently underway in the USA by the Department of Justice, which wants to achieve more openness in the Apple ecosystem. This involves five charges, among which the App Store does not appear as a single element. Above all, the US regulators intend to achieve better interoperability of Apple's devices and services. Apple is also supposed to allow so-called "super apps", which in turn enable purchases and services by third-party providers.
On the civil law side, there is also the long-running lawsuit by games manufacturer Epic Games against Apple, which in turn revolves around the App Store. Epic does not want to accept Apple's previous commissions or the fact that the App Store refers to external payment options following initial court rulings.
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