It would be an understatement to say that relations between Apple and the European Union are strained. After calling purely and simply for the abolition of the Digital Markets Act (DMA), the American firm was rebuffed by the Commission on Thursday 25 September.
“We are not surprised by Apple’s lobbying arguments, asking us to repeal the DMA, as the company has consistently challenged every aspect of the DMA since it came into force”, said Thomas Régnier, spokesman for the European Commission.
The American firm, which has contested the DMA since it came into force (see EUROPE 13244/3), claims that the European regulation has contributed to a “deterioration” in the quality of its services (see EUROPE 13715/11). In a contribution to a consultation launched by the Commission on the evaluation of the DMA (see EUROPE 13696/10), it calls for the repeal of the DMA and its replacement by a “more appropriate legislative text”.
More specifically, Apple is proposing to entrust the enforcement of the regulation to an independent regulatory body and to “thoroughly reform” the articles concerning interoperability, “anti-steering” practices and the uninstallation of applications integrated into the operating system. It should be noted that the company is the subject of several EU investigations in relation to these articles (see EUROPE 13378/8).
“How we apply the DMA is up to us. Companies don’t have that power. We have independent experts to enforce the legislation and we will not change the application method”, insisted Thomas Régnier, pointing out that the Commission “bases itself on the measures” taken by companies to ensure compliance and “does not modify its practices on the basis of declarations or press releases”.
In April, the European Commission fined Apple €500 million after finding it guilty of breaching the DMA (see EUROPE 13626/2). The company has appealed this decision. (Original version in French by Isalia Stieffatre)