Apple is not going down without a fight
The iPhone maker Apple launches legal battle against the European DMA
Apple has issued a series of fiery statements targeting the Digital Markets Act. The tech giant will now have the opportunity to test its arguments in court. Unsurprisingly, it has appealed the two proceedings initiated last year by the European Commission concerning its interoperability obligations.
These requirements create “a process that is unreasonable, costly, and stifles innovation,” the company claims. They also ”poses massive privacy and security risks to our EU users”, it adds, asserting that some “companies have already requested our users’ most sensitive data.”
The appeal will now be examined by the General Court of the European Union and likely by the Court of Justice, the continent's highest court. However, the implementation of the remedies demanded by Brussels is not suspended.
In force since last year, the DMA aims to strengthen competition in the digital sector by laying down key principles that tech giants must follow. One such rule involves interoperability between different devices and software. While much attention has focused on messaging apps—particularly WhatsApp and iMessage, which Apple managed to exclude from the scope of this requirement—the obligations go further.
Interoperability of iOS with rivals smartwatches
The Cupertino-based company is seeking to limit the changes, citing an exemption meant to protect the “integrity of the hardware and operating system.” But this argument failed to convince the Commission, which in September launched two “specification procedures” to “guide” Apple toward compliance. In March, the EU imposed specific measures the company must implement.
The first set of measures targets the interoperability of iOS and iPadOS with smartwatches, earbuds, TVs and virtual reality headsets. It mandates changes to improve notifications, pairing, and connectivity. While not explicitly stated, Europe is accusing Apple of deliberately limiting compatibility between iPhones and other brands’ devices, thereby giving its own products an edge.
The second set of obligations focuses on interoperability requests from developers. Although Brussels hasn’t specified, this may concern access to the Siri voice assistant or the NFC chip used for mobile payments—which Apple has committed to opening up to banks. The EU wants the request process to be transparent, quick, and fair.
Two other procedures are underway
Apple’s appeal is likely just the beginning of a lengthy legal battle with the Commission. Two other procedures are currently underway. In the first, the iPhone maker has already been fined €500 million, a decision it plans to appeal. Brussels accuses it of failing to comply with the ban on anti-steering practices, which prevent application developers from redirecting users to an external website for purchases or subscriptions. Daily fines could be imposed if changes are not made by the end of the month.
The second case concerns third-party app stores, which are now allowed in Europe. Apple is trying to limit their development by imposing a new commission structure that is particularly punitive for developers. The proceedings is ongoing, but a sanction appears inevitable.