EU Expected to Punish Apple’s DMA Non-Compliance Soon

The European Commission (EC) will soon announce the results of its investigation of Apple’s non-compliance with the Digital Markets Act (DMA). But the Financial Times reported recently that it has already found Apple in violation of its legal requirements.

“We have a number of Apple issues [with DMA compliance],” EC executive vice president Margrethe Vestager told CNBC. “I find them very serious. I was very surprised that we would have such suspicions of Apple being non-compliant.”

The EC announced in late March that it was investigating Apple–along with Google and Meta–for suspected DMA compliance violations. But Apple is obviously violating the spirit and letter of the DMA in what’s been broadly described as its malicious compliance: Among several other issues, Apple created an onerous fee structure that ensures that developers will never choose the alternative app stores that the DMA requires.

But it’s been three months and the EU looks poised to finally move on Apple.

“[Apple] are very important because a lot of good business happens through the App Store, happens through payment mechanisms, so of course, even though you know I can say this is not what was expected of such a company, of course we will enforce exactly with the same top priority as with any other business,” Vestager added.

Four days ago, The Financial Times, citing multiple sources, provided a preview of what’s to come: The EC has determined that Apple is not complying with the DMA, which requires Apple to allow developers to steer customers to other payment systems and app stores without imposing its own fees on top. The official announcement of charges against Apple, which include fees of over $1 billion, is expected “in the coming weeks.”

“We’re confident our plan complies with the DMA,” an earlier Apple statement retorts. “And we’ll continue to constructively engage with the European Commission as they conduct their investigations.”