Open letter calls Apple’s proposal a ‘mockery’ of the DMA

1 Mar 2024

Image: © Bruno Coelho /Stock.adobe.com

Spotify and Epic Games were among the signatories of the letter and have called on the EU to take ‘decisive action’ against Apple over its proposed measures to be DMA-compliant.

An open letter signed by 34 organisations has been sent to the European Commission, stating various concerns about Apple’s proposed measures to comply with the Digital Markets Act.

This act – also called the DMA – aims to crack down on anticompetitive behaviour among Big Tech companies. Apple revealed a proposal in January that would see it adjust various policies to become compliant with the DMA, such as allowing EU users to download apps from competing app stores on iOS.

But parts of the proposed changes have been criticised by various companies such as Epic Games, Spotify and the president of Microsoft’s Xbox business. The open letter issued today (1 March) claims Apple’s proposal has a “myriad of elements” that do not comply with the DMA.

The open letter was issued to commissioner for the internal market Thierry Breton and EU competition chief Margrethe Vestager.

Claims of false choices and hefty fees

The signatories – which include Spotify and Epic Games – state that Apple is offering app developers an “unworkable choice” between staying on its current terms that are not DMA-compliant or opting into new terms. The signatories have called this a “false choice” and claim neither option is DMA-compliant and that “both options would simply consolidate Apple’s stronghold over digital markets”.

The open letter also criticised the new fees proposed by Apple to developers, which the signatories claim seems designed to “maintain and even amplify Apple’s exploitation of its dominance over app developers”.

“With a hefty transaction fee and a core technology fee, few app developers will agree to these unjust terms,” the open letter reads. “These fees will deter app developers from providing seamless in-app experiences for consumers, and will hamper fair competition with potential alternative payment providers.”

The signatories urged the European Commission to take “swift, timely and decisive action against Apple” if the company does not submit different proposals to be DMA-compliant.

“The European Commission’s response to Apple’s proposal will serve as a litmus test of the DMA and whether it can deliver for Europe’s citizens and economy,” the letter reads. “Apple’s new terms not only disregard both the spirit and letter of the law, but if left unchanged, make a mockery of the DMA and the considerable efforts by the European Commission and EU institutions to make digital markets competitive.”

Last month, Apple revealed that EU users no longer have access to web apps on their home screens because of complications arising out the requirements of the DMA. This move was condemned by groups such as The Open Web Advocacy group.

A recent update on Apple’s developer site claims the company is rolling back that decision and that it will “continue to offer the existing home screen web apps capability in the EU”.

“Developers and users who may have been impacted by the removal of home screen web apps in the beta release of iOS in the EU can expect the return of the existing functionality for home screen web apps with the availability of iOS 17.4 in early March,” the company said.

Find out how emerging tech trends are transforming tomorrow with our new podcast, Future Human: The Series. Listen now on Spotify, on Apple or wherever you get your podcasts.

Leigh Mc Gowran is a journalist with Silicon Republic

editorial@siliconrepublic.com