After several months of investigation, the European Commission judged that Apple and Google had indeed broken the DMA. She criticizes American giants for favoring their services to hinder their competitors.
Since the entry into force of Digital Market Act (DMA), the GAFAMs have been under close surveillance of the European Commission, which expects only a misstep from them to pin them. As a reminder, the DMA aims to supervise digital giants and their activities within the European Union. Its objective is to prevent abuse linked to their dominant position, to limit anti -competitive practices, to prevent them from favoring their own services to the detriment of competition, to stimulate innovation and to strengthen the protection of users and consumers. A legislation which, from its beginnings, led to a whole bunch of changes on the side of the services of large digital companies. After launching an investigation in March 2024, the European Commission announced that Apple and Google had indeed broken the DMA. However, no fine will be imposed on them.
Failure to comply with DMA: Google always promotes its services
Following this long investigation, The authorities judged As a “preliminary” basis that Google had taken advantage of the monopoly of its search engine to highlight its own services (such as Google Shopping, Flights or Hotels), to the detriment of competing services. A practice which had already earned him a fine of 2.4 billion euros in 2017, without the corrective measures provided being really convincing. Since the entry into force of the DMA, the company has tried to open more access to competition, by integrating more links to comparison sites and by offering shortcuts to refine research, alternative to its own integrated tool (see our article).
This was obviously not sufficient, because the services of price comparators of the Mountain View firm always benefit from better positioning, thanks to better references, better-made visual formats and dedicated filtering mechanisms, which contravenes the requirements of transparency and non-discrimination of the European regulation. He is also criticized, in the Play Store, of preventing developers from orienting their customers to other distribution channels offering better prices. In addition, the costs invoiced to developers are unjustified.
Of course, Alphabet was quick to make his dissatisfaction know. The company judges that the Commission “Recommends new modifications (…) which will harm European companies and consumers, will hinder innovation, weaken security and degrade the quality of the products”. She must now continue her exchanges with her to find solutions in accordance with the DMA, more than a year after her entry into force. Note that the Commission here only makes a preliminary report, which does not prejudge the outcome of the investigation. Google can therefore respond to preliminary conclusions before a formal non-compliance decision is taken.
Failure to comply with DMA: Apple summoned to respect interoperability
On the Apple side, the European Commission ordered him to improve the interoperability of its iPhone with connected devices of competing brands. Because if it is very simple to combine airpods or an Apple Watch with an iPhone, this is less the case with competing accessories. Also, in the future, connected watches must be able to display notifications from the smartphone, the transfer of data must be more efficient and faster, and the configuration must be simplified, including for televisions.
Apple is also summoned to improve “The transparency and efficiency of the process designed by Apple for developers interested in interoperability with iPhone and iPad features.” This includes better access to technical documentation on functions that are not yet accessible to third parties, communication and updates in due course, and a more foreseeable calendar for examining interoperability requests. This will allow developers to offer more quickly services and equipment compatible with iOS and iPados.
“Today’s decisions are locking us in a bureaucracy that slows Apple’s ability to innovate for users in Europe and forces us to offer our new features for free companies that are not subject to the same rules”commented Apple. “It harms our European products and users”. The apple, however, claims to continue to “Work with the European Commission to help him understand [ses] concerns “.
Here again, Apple does not derive a fine, but is required to submit to the requests of the Commission. As a reminder, the DMA provides fines that can amount to 10 % of the world’s annual turnover of the group concerned and up to 20 % in the event of a recurrence. The European Commission can also pronounce on -call on up to 5 % of its total daily world turnover.