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EU Set to Impose €500 Million Fine on Apple in Antitrust Crackdown

The European Commission is poised to impose a fine of approximately 500 million euros ($539 million) on Apple for alleged violations of EU competition law.

19 February 2024
19 February 2024

The European Commission is poised to impose a fine of approximately 500 million euros ($539 million) on Apple for alleged violations of EU competition law.

The investigation was initiated following a formal complaint by Spotify in 2019, accusing Apple of impeding third-party music services on its devices in favor of promoting its own Apple Music.

Apple's App Store rules, which prohibit companies like Spotify from directly billing users for subscriptions within the app, have been a focal point of the probe.

Instead, companies are compelled to utilize Apple's App Store billing service, incurring a fee of up to 30%.

Although Brussels formally charged Apple in 2021, the scope of the investigation was narrowed last year, dropping a charge related to pushing developers to use its in-app payment system.

The latest iteration of the investigation concentrates on whether Apple restricted apps from informing users about cheaper subscription alternatives outside of the App Store, potentially violating EU competition laws.

Sources suggest that the Commission will accuse Apple of abusing its dominant position and imposing "unfair trading conditions" concerning its music service subscription policies.

If implemented, this fine would be one of the most substantial penalties the EU has imposed on a major technology company, following a series of contested fines against Google.

While Apple has faced antitrust fines before, such as the €1.1 billion penalty in France (later reduced to €372 million on appeal), this would be its first fine from Brussels.

This reported fine is part of a broader EU crackdown, anticipating the enforcement of the Digital Markets Act in March.

The legislation aims to address anti-competitive practices by tech "gatekeepers" like Apple, Amazon, and Google.

Smaller internet firms, including Spotify, have long raised concerns about being unfairly constrained by these tech giants.

The Digital Markets Act will mandate Apple to allow third-party developers to distribute apps outside the iOS Store and permit direct billing by these apps to their customers.

Apple has taken steps to comply with EU regulations by announcing changes to iOS, Safari, and the App Store, allowing software developers to distribute apps via alternative stores.

In a separate antitrust case, the European Commission is scrutinizing Apple's restrictions on rivals accessing its Apple Pay mobile system, with Apple already making concessions in this regard.

While the timing of the Commission's announcement on the fines is yet to be determined, it is unlikely to alter the course of the antitrust investigation.

Apple retains the right to appeal the decision in EU courts.

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