Apple’s
EU fight is transatlantic tension in a nutshell
The tech
giant was hit by another European fine. It’s just the latest chapter in the
battle over digital regulation ― and maybe a whole lot more.
April 24,
2025 4:23 am CET
By Jacob
Parry
https://www.politico.eu/article/apple-eu-fight-transatlantic-tension-in-nutshell/
BRUSSELS ―
The EU and Apple are locked in a high-stakes standoff ― and the European
Commission has just ratcheted up the heat.
The EU
executive announced on Wednesday it was slapping the U.S. iPhone-maker with a
€500 million fine because of the way its App Store works. It's the latest in a
long line of shots EU regulators have fired at the U.S. firm over the past few
years, and comes amid huge transatlantic tension after President Donald Trump's
move to impose tariffs.
An onslaught
of decisions has led Apple to accuse the EU executive of “unfairly targeting”
it. “Despite countless meetings, the Commission continues to move the goal
posts every step of the way,” said Apple spokesperson Emma Wilson in a
statement.
Last year,
the Commission hit Apple with a €1.8 billion fine for the same conduct that was
penalized on Wednesday and, also last year, ordered the company to cough up €13
billion in unpaid Irish taxes after a long-running court case.
“There’s a
philosophical difference between Apple and the Commission here that is making
it very difficult for Apple to compromise,” said Zach Meyers, research director
at the Centre on Regulation in Europe (CERRE), a Brussels-based think tank.
The fight
over Apple, a company worth almost $4 trillion, has become symbolic of the
clash between the U.S. and EU. While the Digital Markets Act (DMA), under which
the Commission imposed Wednesday's fine, is aimed at limiting the dominance of
the biggest tech firms ― most of which happen to be American ― Trump sees them
as a tool to strangle U.S. industry.
Wednesday's
action follows a 90-day suspension of Trump’s "reciprocal" tariffs,
as the two sides seek to ease tension. The Commission couldn't escape
accusations that the timing of the decision, if not more, was influenced by the
trade tensions.
Still, the
U.S. announcement in February that it would scrutinize the EU’s digital laws,
including the DMA, to see if they amount to a non-tariff barrier, has not been
a factor in the Commission’s decision-making, according to a senior official.
The June 22
deadline given to Apple to comply with Wednesday's decision, after which the
Commission can begin to issue daily fines, will come a few weeks before the
expiry of the 90-day tariff pause.
The
Commission’s DMA enforcement “continues to have features of what the Trump
administration sees as problematic from a trade point of view,” said Dirk Auer,
director of competition policy at the International Center for Law &
Economics (ICLE).
'Seriousness
and evidence'
At issue in
the latest case is Apple’s stranglehold on its App Store. The fees it imposes
on developers helped it generate nearly $100 billion in revenue last year ― a
good proportion of that from users and developers in the EU.
“These are
decisions that are not taken with passion” but with “seriousness and
evidence,” Commission competition chief
Teresa Ribera told POLITICO. "It’s law enforcement."
Both Apple
and Meta, the owner of Facebook and Instagram, which was also fined €200
million on Wednesday, said they would appeal.
"I
think it’s pretty clear that the App Store is one of the crown jewels in
Apple’s digital empire ― it’s one of the segments of its biz that is really
profitable," said ICLE's Auer.
The
Commission also issued preliminary findings on Wednesday in a separate
non-compliance investigation that Apple's contract terms for alternative app
distribution, including its "core technology fee," may be in breach
of the DMA, potentially paving the way for further fines.
The
Commission is just one of several global regulators that have targeted the fees
Apple extracts from consumers, arguing that the company's ironclad control of
its devices leaves developers like Epic Games and Match Group, two American
tech firms, with few good alternatives.
Security
risk
Last year's
fine was for the same conduct that was targeted on Wednesday.
Apple’s
commercial concern is as much a philosophical one, with the company seeing
little reason to back down in what it sees as a defense of the interests of its
users.
“They have a
degree of insistence that they are the sole orchestrators of their ecosystem
and get to decide what level of security risk users get, and too much choice
makes it a poor experience for consumers,” said CERRE's Meyers.
What's
certain is that this won't be the end of the story. As the Commission closes
the chapter on the narrow issue of the rules it imposes on developers who want
to talk to their users, a fresh fight is gearing up over a broader set of app
store issues ― and in particular the fees Apple charges.
The
Commission's view that Apple should cut its fees drastically is a “discussion
that Apple doesn't want to give in to,” said Alba Ribera Martínez, a lecturer
in law at Villanueva University in Madrid.
While mobile
app stores have been on the Commission’s radar going back to a complaint about
alleged anticompetitive behavior filed by Swedish audio streaming service
Spotify in 2019, the shifting geo-political context could add a new urgency to
the issue.
“In a world
where the focus is very much on tech sovereignty, the ability to get around key
chokepoints like Apple’s App Store is important,” Meyers said.
While the
U.S. government shares many of the same concerns with what it too sees as
Apple’s monopolies, that shared perspective does not guarantee it from keeping
outside of the U.S.-EU trade dispute.
The fact
that the U.S. Department of Justice continues to plug away at its antitrust
case against Apple should offer little solace to the Commission, which had been
hoping the diplomatic "soufflé" would soon settle down, in the words
of another senior EU official.
Meyers of
CERRE, too, believes that the Commission would be misguided in seeking too much
comfort in the continuation of the U.S. government's anti-tech work.
Or, as he
summarizes the administration’s view: “We’re happy to regulate ― but when
they’re operating overseas they’re American champions.”
Francesca
Micheletti contributed to this report.
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