Apple’s App Store Restrictions
The case against Apple concerns its terms for app developers. According to the decision, Apple restricted developers’ ability to offer their apps on platforms other than the Apple App Store, thereby preventing consumers from fully benefiting from alternative and more advantageous offers. Specifically, the Commission found that Apple did not sufficiently allow app developers to inform consumers about alternative and cheaper purchasing options on platforms outside the App Store. Additionally, the fees Apple required for entering into a contract via another sales channel through the App Store were deemed unnecessarily high. The Commission has ordered Apple to immediately lift all restrictions and refrain from such practices in the future.
Similar concerns have been raised in the United States regarding Apple’s practices, but under competition law. On April 30, 2025, a U.S. court issued a ruling against Apple, finding that similar practices violated U.S. antitrust laws.
Meta’s “Consent-or-Pay” Model
The case against Meta involves its introduction in the spring of 2024 of a model whereby users of Facebook and Instagram were required to either consent to their personal data being used for personalized advertising or pay for an ad-free version of the services. The Commission found that this model, which forced users to choose between free access with consent to Meta’s use of their personal data for advertising and paid access to the services, violated the DMA. According to the decision, the model did not provide users with genuine choice regarding the processing of their personal data, as users were not offered a comparable, less data-intensive alternative. In addition to the fine, Meta was also ordered to make adjustments to its model.
What Are the Consequences?
Apple and Meta now have 60 days to align their practices with the European Commission’s decision. If they fail to comply, they risk fines of up to 5% of their annual turnover. They may also appeal the decisions to the EU courts, and Apple has already indicated that it will do so.
Unless an appeal is successful, Apple and Meta risk, in addition to the infringement fines, compensation claims from parties who have suffered financial losses due to their practices. The primary claimants would likely be app developers. Consumers affected by the practices may also bring civil compensation claims, potentially through class actions in national courts where national law allows for such proceedings.
