In the dispute over the regulation of its App Store by the EU Commission’s Digital Markets Act (DMA), Apple has once again found its own argument: The company emphasizes that it operates not just one, but five software stores. This means that the offering is not a “central platform service” and is therefore “incorrectly” regulated. A statement to the General Court of the European Union, where Apple is challenging the regulation, said the Commission made “material errors of fact” – concluding that the plaintiff’s five app stores constituted a single central platform service.
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In front of the second most important court in the EU
In fact, Apple sees iOS App Store, iPadOS App Store, Mac App Store, tvOS App Store and watchOS App Store as each independent A. This was reported by the Reuters news agency. All app stores are intended to distribute apps for specific operating systems and devices. At the same time, the characterization of iOS as an “important portal for business customers to reach end customers” is wrong. This is why the DMA’s requirement for interoperability, for example through competitor app stores, is wrong.
The DMA also ensures that Apple opens up its platform, including by allowing competitors to contract directly with iOS users so they don’t have to use Apple’s payment system. The European Commission is also evaluating whether iMessage should also be opened as a communication service. Apple always claims that it does not have a dominant position in the market. The appeal against the DMA’s classification is currently underway in the EU’s second highest court, and the case is also expected to reach the European Court of Justice, the highest court.
Apple is in the lucrative services business
Apple earns more and more every year from its offering of services, which always force developers to use the App Store and pay commissions of up to 30%. The company deals in billions of euros. Among other things, the EU would like to allow competitors to have their own app stores for the first time, completely bypassing Apple’s offer.
There is also the possibility of so-called sideloading, which allows users to install any app directly. Apple is currently preparing for the implementation of this technology, although the company has not communicated this in more detail – after all it still hopes to win the appeal. Already in November, Apple had put forward the idea of managing five app stores and not just one. However, the European Commission did not respond to this: now the iPhone manufacturer is hoping for the European Union court.
(bsc)
