The European Commission on Monday said Apple is violating the EU's Digital Markets Act (DMA) with its App Store rules as it prevents app developers from freely directing consumers to alternative channels for offers and content.
In preliminary findings sent to the company, the commission said that none of Apple's terms of business allow developers to freely direct their customers, while under most business terms available to app developers, the company allows direction only through "links."
Although Apple may receive a fee for facilitating through the AppStore the initial purchase of a new customer by developers under the DMA, the commission found that the fees charged by Apple "go beyond what is strictly necessary" for such a reward.
According to the DMA, developers who distribute their apps through Apple's App Store must be able, free of charge, to inform their customers of cheaper alternative purchase options, direct them to those offers, and allow they make purchases.
"Our preliminary position is that Apple does not fully allow steering. Steering is key to ensuring that app developers are less dependent on gatekeeper app stores and that consumers are aware of the best deals," the commissioner said. of the EU for the Margrethe Vestager Competition.
If the commission's preliminary views are ultimately upheld, none of Apple's three sets of business terms would comply with the DMA, which requires gatekeepers to allow app developers to direct customers to offers outside the gatekeepers' app stores, without payment.
The Commission would then adopt a non-compliance decision within 12 months of the opening of proceedings on 24 March.
The commission also opened a new non-compliance proceeding against Apple over concerns about new contractual requirements for third-party app developers and app stores, including Apple's new core technology fee.
According to the new fee, developers of third-party app stores and third-party apps must pay a fee of 0.50 euros per installed app.
"We have also opened proceedings against Apple regarding the so-called core technology fee and various rules for allowing third-party app stores and sideloading," Vestager said.
"The developer community and consumers are eager to provide alternatives to the App Store. We will investigate to ensure that Apple does not undermine these efforts," she added. /AA