The EU opens formal DMA probes into Apple and Google over letting developers “steer” users from their app stores, and Meta over its “pay or consent” model
Apple fans: “The EU must approve of Apple's plans, otherwise Apple wouldn't have announced them” — The EU: “Hang on a minute...” https://www.theverge.com/... Jan Penfrat / @ilumium@eupolicy.social : Having attended most of last week's #DMA compliance workshops in person, I was already convinced that the EU Commission would have no choice but to investigate if it doesn't want to lose all credibility for the #DigitalMarketsAct; the gatekeeper's circumvention attempts are just too blatant to ignore. … X: Lewis Crofts / @lewis_crofts : One of the clearest warnings on #DMA came from @ThierryBreton today. He called out @Apple for its non-compliant App Store (if it was DMA-compliant, the company wouldn't have created an alternative distribution model). That will have Cupertino worried. Now, @Meta /1 Steven Sinofsky / @stevesi : Commission opens non-compliance investigations against Alphabet, Apple and Meta under the Digital Markets Act // reminder, EC regulators do not approve any compliance. They say “we will look to feedback from the market” and by market they mean competitors. There's no testing of... @ccianet : The @EU_Commission's announcement of the launch of a preliminary investigation under the new #DMA so quickly after its implementation “sends a worrying signal that the EU might rush into investigations without knowing what they're investigating.” https://ccianet.org/... Jason Kint / @jason_kint : I'm sure it's just a coincidence that these three companies - all designated as gatekeepers in EU - also have very strong antitrust lawsuits filed against them by the most powerful competition regulators on the planet. In America. Cristina Caffarra / @caffar3cristina : @TomValletti Yes. So how surprised are we that gatekeepers don't “comply”? “So tell me exactly what to do”. “Ah no it's up to you. Read the law, it's #crystal clear, figure it out”. “Ah okay how's this”. “Noooooo you crazy? Still up to you but now we investigate you”. 🙄 @riptari : @TomValletti DMA having provisions for non-compliance investigations suggests they didn't really expect that, surely? Seems more they expected a blend of self & shoved execution. (Today EU claimed they've seen more movement from Big Tech in 10 days than last 10yrs, even as they open 5 probes) Florian Mueller / @florian4gamers : @TomValletti It's true that the fact they have to launch multiple enforcement proceedings quickly shows the DMA has not lived up to expectations so far. Unless it's changed, it never will. It will go down as a historic disappointment. The numbers will prove its failure to make market impact. Steven Sinofsky / @stevesi : What do these companies have in common that they would all be targets at once? They certainly aren't in the same businesses. [image] Dirk Auer / @auerdirk : - Investigation of Apple's browser ballot seems oddly familiar (Microsoft & Android cases). - Meta consent or pay investigation looks like a repeat/extension of last year's ECJ ruling. - Amazon's self-preferencing was central to a competition settlement. Dirk Auer / @auerdirk : 2) One amazing feature of today's announcement is their backward-looking nature and nostalgia for competition enforcement. With one exception, these investigations are basically extensions of existing competition cases. [image] Dirk Auer / @auerdirk : Today's announcement suggests legal challenges in Luxembourg will be the norm. This will mean slow enforcement (years, not months) that will drain significant Commission resources. The Commission has to dot many more i's if it expects a case will end up in court. Léo Lictevout / @leolct037 : European Commission just opened one of its first #DMA probe against Meta's ad-free subscription model, on the grounds that it does not provide for “free” consent. Seems like former tech regulation rockstar #GDPR is getting outshined by the new sheriff in town 👮 [image] Zach Meyers / @zach_cer : That's quite noteworthy because for some of these cases, what “compliance” requires is pretty grey - e.g. it is not easy to know exactly when and if Google is preferencing its own services, or Apple is making it “too difficult” for users to change defaults. /2 Zach Meyers / @zach_cer : And if you thought the Commission was finally getting enthused about messaging interoperability rules...? No. “The Commission has granted Meta an extension of 6 months to comply with the interoperability obligation ... for Facebook Messenger.” /5 Zach Meyers / @zach_cer : How do we know the Commission is getting tough? For some of these issues, the Commission could have taken a quicker + less confrontational path: “specifying” more prescriptive rules the firms have to follow, rather than immediately alleging non-compliance. /1 Zach Meyers / @zach_cer : Taking a confrontational approach illustrates, I think, that the Commission's trust in the problematic tech firms is very low — hence the threat of large fines is a better way to secure change than trying a more co-operative process. /3 Zach Meyers / @zach_cer : Also noteworthy what the Commission isn't treating as a priority. The Commission isn't (yet) formally investigating Apple charging fees for apps that don't use the App Store - despite developers hating it - suggesting it's focused on fair treatment *within* Apple/Google apps stores. /4 Michael Acton / @macton93 : EU probing Apple, Meta and Google over #DMA noncompliance. This seemed likely given the way the regulation works, asking the tech companies to come up with solutions, rather than prescribing them. Inevitably they are going to test how far they have to go. Matthew Lesh / @matthewlesh : The EU's early efforts under the DMA should give advocates for the equivalent law in the U.K., the DMCC, reason for concern. The CMA will have even more powers to direct markets with limited accountability. @eu_competition : #DigitalEU #DMA #DigitalMarketsAct Commission 🇪🇺 opens non-compliance investigations against Alphabet, Apple and Meta under the Digital Markets Act 👇 🔗➡️ https://europa.eu/!dxH7Yv [image] Nicholas Hirst / @nicholashirst_ : **Move fast and break things** In this instance the DMA workshops, which now seem rather pointless. But this is regulatory entrepreneurship in action. Florian Mueller / @florian4gamers : @lewis_crofts Not really. Fast launch of investigation but 12-month target. And hard? Apple's death grip on the iOS ecosystem is not seriously threatened by this. The idea behind the DMA was great, some parts of it are good, but in the end it won't make a difference in the marketplace. Lewis Crofts / @lewis_crofts : He [Thierry Breton] also had some choice words for @Meta where he wants consumers to have a real choice with Meta's paid subscription model for Instagram and Facebook. He doesn't like the “binary choice” in pay-or-consent. [More likely is some other account powered by non-personalized ads]. Florian Mueller / @florian4gamers : Investigations don't mean a decision. And even when they decide, this will be reviewed by the EU General Court and can be further appealed to the European Court of Justice. The DMA is too weak to open up the iOS app distribution market, and Apple is too tough and sophisticated. Florian Mueller / @florian4gamers : The greatest irony in the whole Apple DMA context has not been noticed by anyone yet. It's that Apple adopted a Qualcomm-like business model with a view to alternative app stores, though Apple got the FTC to sue Qualcomm (FTC lost). 🧵1/3 @games_fray : The European Commission is now formally investigating suspected DMA violations by Apple, Google and Meta. Note that there are TWO kinds of steps: 1. The FULL-BLOWN investigations are only about anti-steering for iOS and Android plus... 🧵1/3 https://ec.europa.eu/... Florian Mueller / @florian4gamers : These two screenshots may explain why Apple and Google are now being investigated over their charges on external purchase links. EC press release: Art. 5(4) says “free”. Sounds clear? Yes, but there's also Recital 40: gatekeeper can ask to be remunerated for user acquisition. [image] Margrethe Vestager / @vestager : 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 ⬇️ Adam Kovacevich / @adamkovac : More #DigitalMarketsActFails: European Google user: “The functionality of google maps via https://google.com/ has been a severe pain in the butt....Great disimprovement.” (H/T @Edith_L_Hancock) https://www.reddit.com/... [image] Adam Kovacevich / @adamkovac : In the U.S. system, courts will judge whether DOJ & FTC have proven their legal cases against Meta/Apple/Amazon/Google. In Europe, the EU determines Digital Markets Act “compliance” based on whether Spotify, Epic Games, https://booking.com/ and other complaints are satisfied @eu_commission : 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] Dirk Auer / @auerdirk : The DMA is being used to (re)litigate old competition cases with the analytical and procedural guardrails removed. Put differently, the DMA increasingly looks like competition law's evil twin, or the bad cop the commission sends when firms don't play ball under competition law. [image] Lazar Radic / @laz_radic : The DMA was always meant to be a rigged, enforcer-friendly competition law to be deployed when authorities couldn't prove consumer harm - or couldn't be bothered to try. Today's investigations into conduct already facing antitrust scrutiny only confirm that. Lazar Radic / @laz_radic : Makes me wonder what the point was of last week's DMA compliance workshops. Ryan Jones / @rjonesy : Wow, the CTF and limits may not fly. Paraphrasing legalese: The Commission is taking steps to clarify whether Apple's new fee and terms for alternative app stores and sideloading may be defeating the purpose of the DMA. https://www.macrumors.com/... James Czerniawski / @jamescz19 : lol color me shocked, shocked that the EU opener 5 investigations, and they squarely focus on American companies. The DMA is nothing more than a political tool by the EU to target American firms. Eric Seufert / @eric_seufert : The European Commission appears to be directly targeting Apple's fee structure—which includes the Core Technology Fee ("CTF") of €0.50 per annual install / re-install / update—in its new alternative business terms as non-compliant with the DMA. [image] Lazar Radic / @laz_radic : Two thoughts following @EU_Commission's DMA non-compliance investigations: 1. DMA is not self-executing; 2. DMA lacks a clear standard for measuring compliance other than (certain) stakeholders' subjective perceptions which, if public choice has taught us anything, is a problem [image] Max von Thun / @maxvonthun : 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. Dirk Auer / @auerdirk : 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”. Thierry Breton / @thierrybreton : Not all heroes wear capes 🦸 The #DMA enforcement team fully mobilised to defend the EU general interest online! 🇪🇺 [video] Dirk Auer / @auerdirk : 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. Dirk Auer / @auerdirk : 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🧵 Tommaso Valletti / @tomvalletti : 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*? Samuel Stolton / @samuelstolton : 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: @margaridasilva2 : 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. Lewis Crofts / @lewis_crofts : This is big. The #DMA was created for the sole reason of moving fast and intervening hard. It is doing that. Bruce Lawson / @brucel : 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 : Let's just be real: EU does not like US Tech https://ec.europa.eu/... [image] Tom Warren / @tomwarren : 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/... Adam Kovacevich / @adamkovac : 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. Thierry Breton / @thierrybreton : 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] Filomena Chirico / @filobxl : 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] @ugambini : 5 #DMA investigations ! [image] @andreas_schwab : The fast legislation proofs now to be fast in enforcement 💪🏻🇪🇺 @EuroParlPress @EP_SingleMarket @EPPGroup LinkedIn: Thomas Bignal : This was unexpected. — The EU Commission has launched an Action Plan to tackle labour and skills shortages across the EU: https://lnkd.in/... … Javier Espinoza : Regulators in Brussels opened multiple probes into big tech companies - Apple, Meta and Google - over the way they are complying with the new landmark Digital Markets Act. … Forums: Hacker News : EU rejects Apple's changes: Company could be fined 10% of global turnover r/technology : EU rejects Apple's European App Store changes: Company could be fined 10% of global turnover r/neoliberal : Apple, Meta and Google to be investigated by the EU
Context & Ripple Effects
These cases put the DMA’s gatekeeper obligations into enforcement: Apple and Google had previously criticized rules requiring designated platforms to open to competitors in the DMA’s original gatekeeper framework. The investigations test whether compliance can preserve the same practical control over developer distribution, payments and user choice.
The Apple track became an early test case for that question, with later preliminary EU findings on Apple’s anti-steering rules indicating that formal scrutiny could move beyond compliance workshops to a finding of breach.
First-order effects
- Apple and Google must defend their app-store steering terms before the Commission; Google also faces scrutiny over whether Search favors its own services.
- Meta’s paid ad-free alternative is tested against the DMA standard for meaningful consent to combine personal data, putting its EU choice design under formal review.
Second-order effects
- Developers gain regulatory leverage to challenge terms that let them tell users about offers or payments outside an app store, while the Commission examines whether associated conditions negate that access.
- Other gatekeepers will have to assess whether nominal choice mechanisms—such as alternative distribution routes, fees or consent flows—meet the DMA in practice rather than only on paper.
Third-order effects
- If enforcement consistently evaluates the commercial conditions around access, the DMA could constrain gatekeepers’ ability to retain control through interface rules and pricing after opening a formal channel.
- The cases could establish that user choice, developer steering and data consent are linked market-access issues, though the eventual standard depends on the Commission’s final decisions and any challenges.
The trend: DMA enforcement is shifting from defining platform obligations to testing whether gatekeepers’ implementation preserves their underlying control of distribution, transactions and data.