Apple's DMA Non-Compliance: An Open Letter
In this episode of *Upwardly Mobile*, we break down the seismic shift in the mobile app landscape following the European Commission’s decision to formally fine Apple €500 million for breaching the Digital Markets Act (DMA). We explore why regulators view Apple’s recent changes not as genuine adherence to the law, but as "malicious compliance"—a deliberate attempt to technically meet requirements while maintaining control and fees.
We also discuss the December 2025 Open Letter sent by app developers to EU President Ursula von der Leyen, which argues that Apple’s new 20% commission on external transactions continues to violate the law and stifle fair competition. Finally, we contrast the situation in Europe with recent US court rulings involving Epic Games, where judges have ordered Apple to stop charging for services it doesn't provide, raising the question: Why are European developers getting a worse deal?.
Key Topics Discussed:
* **The €500M Fine:** The European Commission found Apple in breach of "anti-steering" obligations, restricting developers from directing users to cheaper offers outside the App Store.
* **"Malicious Compliance":** An analysis of how Apple’s fee structures and "scare screens" are viewed by critics and regulators as structural impediments to the DMA’s goals.
* **The Meta Connection:** A look at the parallel €200M fine imposed on Meta regarding their "pay or consent" model.
* **The Developer Pushback:** Insights from the "CleanV2" Open Letter, where developers demand the removal of new commission fees that range up to 20%.
* **Transatlantic Tensions:** How the US Ninth Circuit Court of Appeals ruling regarding Epic Games highlights disparities in global enforcement.
**Sponsor:**
This episode is brought to you by **Approov**.
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**Resources & Source Materials:**
* **European Commission Press Release:** Details on the April 2025 fine regarding Apple’s anti-steering practices.
* **Kluwer Competition Law Blog:** "The DMA's Teeth: Meta and Apple Fined by the European Commission" by Alba Ribera Martínez.
* **Clean App Foundation Open Letter:** The December 2025 appeal to the European Commission regarding Apple's persistent non-compliance.
* **Analysis of US Rulings:** Context on the Epic Games vs. Apple court case and fee limitations.
Digital Markets Act, DMA, Apple Fine, App Store Fees, Anti-Steering, Malicious Compliance, European Commission, Margrethe Vestager, Sideloading, Epic Games, Mobile App Security, Tech Policy, Antitrust.
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This episode includes AI-generated content.