The EU opens formal DMA investigations into Apple and Google over letting developers “steer” users from their app stores, and Meta over using user data for ads

The trio of Big Tech giants are the first to face full investigations under bloc's new Digital Markets Act

Financial Times 2024-03-25 Javier Espinoza

Context & Ripple Effects

The formal probes follow reports that Brussels was preparing to test Apple’s and Google’s DMA compliance, while Meta’s subscription approach was also expected to draw scrutiny. The move turns those anticipated checks into the DMA’s first full enforcement cases against the largest designated platforms.

The cases establish the enforcement path later reflected in the Commission’s preliminary view that Apple’s anti-steering terms breached the DMA and in its subsequent order to make iOS more accessible to connected-device makers.

First-order effects

Apple and Google must defend how developers can direct users to offers outside their app stores; Meta must defend whether its ad-data choice model meets DMA requirements.
Developers, advertisers and users gain an active regulatory channel to challenge the platforms’ store-routing and data-use terms rather than relying solely on the companies’ compliance claims.

Second-order effects

The investigations put app-store fees, restrictions on external purchase links and consent-based advertising designs under closer commercial scrutiny, increasing pressure to make compliance changes that are usable in practice.
Other designated platforms will have to assess their own steering and data-choice mechanisms against the same enforcement test, especially after the Commission set out a 12-month DMA investigation timetable and potential revenue-based penalties.

Third-order effects

If enforcement consistently targets the practical usability of alternatives—not merely their formal availability—the DMA could shift platform governance from disclosure-based compliance toward constraints on gatekeeper-controlled interfaces and terms.
The cases are an early test of whether a single regulatory framework can reshape both app-distribution economics and ad-data governance across major consumer platforms; outcomes will depend on the Commission’s eventual findings and remedies.

The trend: The DMA is moving from rule-setting to operational enforcement of platform gatekeeper leverage in app distribution and advertising data use.

Discussion

@auerdirk Dirk Auer on x
1) Officially, the Commission is merely “opening investigations”. So maybe it ultimately won't find any issues? This is hard to tell. Under competition, launching an investigation became a euphemism for “we are going to sanction you”.
@thierrybreton Thierry Breton on x
Not all heroes wear capes 🦸 The #DMA enforcement team fully mobilised to defend the EU general interest online! 🇪🇺 [video]
@auerdirk Dirk Auer on x
This is not good news for either proponents of the DMA or the target firms. The regulation was supposed to be “self-executing”, thus avoiding the lengthy litigation that has come to be associated with competition enforcement.
@auerdirk Dirk Auer on x
Last week, the Commission held workshops with the big tech firms to discuss their DMA compliance plans. The Commission clearly is not happy with those discussions because it is now launching a major legal offensive. What does this mean for these firms and their consumers? A🧵
@tomvalletti Tommaso Valletti on x
After today's announcement of (important and necessary) investigations for non-compliance with the #DMA by Big Tech, I was thinking... Was the #DMA not supposed to be *self-executing*?
@brucel Bruce Lawson on x
EU opens non-compliance investigations against Alphabet, Apple and Meta under the Digital Markets Act https://ec.europa.eu/... “The Commission suspects that the measures put in place by these gatekeepers fall short of effective compliance of their obligations under the DMA.”
@jaguaranalytics @jaguaranalytics on x
Let's just be real: EU does not like US Tech https://ec.europa.eu/... [image]
@vestager Margrethe Vestager on x
Today we open 1st #investigations under the #DMA. We are concerned #Alphabet, @Apple & @Meta are not meeting their obligations e.g: 👉#Apple & #Alphabet still charge recurring fees to #app #developers 👉#Meta offers no real choice for users to opt out of #data combination ⬇️
@tomwarren Tom Warren on x
Microsoft is the only Big Tech company that the EU isn't investigating for DMA non-compliance. The EU just announced active investigations into Apple, Google, and Meta, alongside “investigatory steps” into Amazon's store https://www.theverge.com/...
@lewis_crofts Lewis Crofts on x
This is big. The #DMA was created for the sole reason of moving fast and intervening hard. It is doing that.
@adamkovac Adam Kovacevich on x
These “investigations” aren't really about whether the platforms are complying with DMA. They are. They are about whether the complainant companies can extract even more platform changes that help them.
@maxvonthun Max von Thun on x
Encouraging to see the EU move fast to investigate gatekeepers for DMA non-compliance. The DMA will only produce results if the EU is ready to use sticks as well as carrots to get the tech giants to comply. Otherwise, the companies will just drag out the process ad infinitum.
@margaridasilva2 @margaridasilva2 on x
Bold steps taken today by the European Commission #DMA Most of the attention will likely follow the non-compliance investigations into Google, Apple & Meta. Yet, Amazon is again facing questions about favouring its own products. Just 15 months after the EU settlement.
@thierrybreton Thierry Breton on x
The #DMA has been in place for 18 days and we've witnessed more change from Big Tech than in the past 10 years. But we want to make sure everything is done by the book 🇪🇺 Opening cases today against: 🔹Alphabet 🔹Apple 🔹Meta https://ec.europa.eu/... [image]
@filobxl Filomena Chirico on x
The 🇪🇺 #dma month is not over yet I said. Today: opening of investigations, orders to retain documents, RFIs. The dma promised #choice and the whole team is committed to bring it to you [image]
@andreas_schwab @andreas_schwab on x
The fast legislation proofs now to be fast in enforcement 💪🏻🇪🇺 @EuroParlPress @EP_SingleMarket @EPPGroup
@samuelstolton Samuel Stolton on x
EU's @vestager not resting on her laurels when it comes to DMA enforcement. Commission launches investigation to examine whether the Big Tech players Google, Apple and Meta are falling foul of the new rules:
@ugambini @ugambini on x
5 #DMA investigations ! [image]
@eu_commission @eu_commission on x
Today, we've opened five non-compliance investigations under the Digital Markets Act. It concerns: 🔹Alphabet's rules on steering in Google Play 🔹Alphabet's self-preferencing on Google Search 🔹Apple's rules on steering in the App Store 🔹Apple's choice screen for Safari... [video]

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