The District Court of Rotterdam has confirmed the correctness of a 2021 decision by the Dutch Consumer and Markets Authority (ACM) that Apple abused dominant position itsby imposing unfair terms on dating app operating through the App Store.
The case involved requiring these apps to use exclusively payment system Apple's, without the ability to refer to off-platform alternatives. At the same time, developers were charged fees of up to 30% (or 15% for smaller businesses).
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The court ruled that the supervisory authority was justified in imposing a fine and sanctions on Apple for non-compliance with the mandatory changes it had requested, interpreting these practices as a violation of European competition rules.
Apple, for its part, disagrees with the decision and is preparing to appeal again. As a company spokesperson told Reuters: “This decision undermines the technology and tools we have built to support developers and protect user privacy and security. We intend to appeal.”
It is recalled that the ACM had imposed a fine of 50 million euros (about 58 million dollars) on Apple in 2021 for non-compliance with its recommendations regarding the operation of the App Store in the Netherlands.
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The Apple case in the Netherlands is indicative of the increasing pressure on major tech platforms from regulators — not just in Europe but globally. Specifically, it brings to the fore two key issues:
Abuse of dominant position
Apple, through the App Store, has a near-monopoly on developer access to the iOS ecosystem. The requirement to use its own payment system exclusively (with high fees) and the exclusion of alternative options are now considered by many authorities to be abusive practicesthat limit competition and increase costs for both businesses and consumers.
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The right of developers to equal access
Dating apps aren't the only category affected. If this precedent holds, it could pave the way for broader changes to the way the App Store operates, especially thanks to the EU's new Digital Markets Act (DMA). The court in the Netherlands essentially reinforces the argument that developers should have a choice in how they price and get paid by their users.
This new confirmation from the Dutch court is yet another blow to Apple's strategy of controlling every element of its ecosystem. While it will appeal, the climate in Europe and elsewhere is changing — and Apple will likely be forced to open up the App Store more, as it has already begun to do due to the new regulations.
Source: Reuters
