Apple tried addressing EU’s concerns in 2024, but was stonewalled: report

Apple was recently hit with a $570 million fine from the EU for alleged violations of the Digital Markets Act (DMA). The company has said it will appeal the EU’s decision, and now per a new report, we may know some of the arguments Apple’s lawyers plan to use in the case.

Apple execs sought to engage with EU throughout 2024 with compliance proposals

According to a new POLITICO report, Apple’s upcoming appeal of the EU’s $570 million fine will contend that the company tried to address the EU’s concerns, but was stonewalled.

Jacob Parry writes:

Apple executives contend that the firm made a series of proposals to Brussels over the course of 2024 but was met with silence as to whether those proposals would put them on the right side of the law, according to correspondence seen by POLITICO. […]

According to correspondence seen by POLITICO, Apple offered last summer to drop its rules on how app developers can communicate with users, but was told by the Commission to hold off, pending feedback from developers. […]

In an October 2024 letter sent to senior officials in DG Connect and DG Competition, and seen by POLITICO, an Apple executive complained that the Commission’s case teams had “made clear” that then-Commissioner Margrethe Vestager intended to issue a decision with a “potentially significant fine.”

POLITICO reached out to the EU Commission for a response, which it provided. It said its door will always be open, but stressed Apple alone is responsible for complying.

Additionally, Commission spokesperson Lea Zuber seemed to indicate the fine is entirely related to Apple’s previous actions regarding the DMA. Thus, it would not be impacted by any attempts to improve compliance anyways.

“Last [month’s] decision only addresses the solution that Apple decided to roll out, not any other hypothetical approach that the company might have been considering,” said Zuber.

It seems that there are conflicting viewpoints regarding what it means to have a “door that’s always open.” Apple clearly didn’t feel that its attempts at engagement with the EU were reciprocated.

We should see more details emerge once the appeal moves forward, but it sounds like the EU will argue that any attempted remedies on Apple’s part are too little, too late as far as this fine is concerned.

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