Apple challenges Europe's demand for third-party app stores

Apple has filed its anticipated legal case against the European Commission's Digital Markets Act, and is believed to specifically protest being forced into supporting rivals to its App Store.

The Digital Markets Act was created specifically to target Big Tech firms including Apple, and while certain implementation details are still being worked on, it became applicable from May 2023. It says that companies it defines as "gatekeepers" are now required to make their services interoperable with those of rivals.

Apple has recently been reported to be preparing an appeal specifically against the ruling that it be required to allow rival app stores on its iPhone and other devices.

According to Reuters, that appeal was filed in time for the EU General Court's deadline of November 16, 2023. No details of the filing have been made public as yet.

The Court of Justice of the European Union has tweeted that it has received the filing, however. It subsequently says that "further information will be published in due course" on the Court's website.

@Apple (Cases T-1079/23 & T-1080/23), #Bytedance (#TikTok) (T-1077/23) and #Meta (T-1078/23) have filed cases contesting decisions taken by the @EU_Commission under the #DigitalMarketsAct #DMA #Competition.
— EU Court of Justice (@EUCourtPress) November 17, 2023

As noted in the tweet, Apple is not alone in contesting the implementation of the Digital Markets Act. Facebook parent Meta has also complained, as has TikTok, and its owner Bytedance.

Reuters reports that TikTok has said the "gatekeeper" designation risks helping Big Tech firms against growing rivals. "Far from being a gatekeeper," said TikTok's filing, "our platform, which as been operating in Europe for just over five years, is arguably the most capable challenged to more entrenched platform businesses."

Apple has not commented publicly on its filing.

19 Comments

gatorguy 24625 comments · 13 Years

About 1 year ago

Any other time most here would be suspicious of any company falling in line with Facebook and Bytedance.

aldanno 13 comments · 11 Years

Just imagine if Circle K was forced to carry every brand candy, soda and beer. Also imagine they weren't free to mark-up their product prices as they saw fit! No one is asking the Apple Retail Stores to stock every iPhone charger, or competing smart phones? Why is the digital store different? Especially in Europe, they also won't let you sell car parts that haven't been 'certified' to not compromise their safety or environmental standards. Are they planning on setting up an international body to 'certify' apps as not harmful to the operating system or other apps?

I don't get it.

AppleZulu 2184 comments · 8 Years

aldanno said:

Just imagine if Circle K was forced to carry every brand candy, soda and beer. Also imagine they weren't free to mark-up their product prices as they saw fit! No one is asking the Apple Retail Stores to stock every iPhone charger, or competing smart phones? Why is the digital store different? Especially in Europe, they also won't let you sell car parts that haven't been 'certified' to not compromise their safety or environmental standards. Are they planning on setting up an international body to 'certify' apps as not harmful to the operating system or other apps?

I don't get it.

The third-party app store requirements have a deeper twist for your analogy to be accurate. They would be like requiring Circle K to give others free floor space to stock their own tems which they will sell directly so as not to give Circle K a cut, and to prevent Circle K from imposing any review or requirements on the third-party items to prevent them from interfering with Circle K's operations or even to prevent them from burning down the Circle K store entirely.

AppleZulu said:

aldanno said:

Just imagine if Circle K was forced to carry every brand candy, soda and beer. Also imagine they weren't free to mark-up their product prices as they saw fit! No one is asking the Apple Retail Stores to stock every iPhone charger, or competing smart phones? Why is the digital store different? Especially in Europe, they also won't let you sell car parts that haven't been 'certified' to not compromise their safety or environmental standards. Are they planning on setting up an international body to 'certify' apps as not harmful to the operating system or other apps?

I don't get it.

The third-party app store requirements have a deeper twist for your analogy to be accurate. They would be like requiring Circle K to give others free floor space to stock their own tems which they will sell directly so as not to give Circle K a cut, and to prevent Circle K from imposing any review or requirements on the third-party items to prevent them from interfering with Circle K's operations or even to prevent them from burning down the Circle K store entirely.

IMO it's more like the old west mining towns, or coal-mining Kentuckians back in the 1890's and 1930's. Because someone lived or worked in the company-built town, all their purchases of food and supplies could only come from the company store. Any proprietor's stores that dared open might be burned down and the owners run out of town. Workers were kept behind gates or fences with the excuse that they were “protecting” laborers from unscrupulous traveling salesmen.

https://socialwelfare.library.vcu.edu/programs/housing/company-towns-1890s-to-1935

That eventually became illegal of course.

chelin 115 comments · 12 Years

aldanno said:

Just imagine if Circle K was forced to carry every brand candy, soda and beer. Also imagine they weren't free to mark-up their product prices as they saw fit! No one is asking the Apple Retail Stores to stock every iPhone charger, or competing smart phones? Why is the digital store different? Especially in Europe, they also won't let you sell car parts that haven't been 'certified' to not compromise their safety or environmental standards. Are they planning on setting up an international body to 'certify' apps as not harmful to the operating system or other apps?

I don't get it.

This isn’t the same. Imagine if you had the deed to the land. And then you wanted to have a chevron station next to the circle k. You own the device (deed) because you purchased it. You should be allowed to use it in whatever way you see fit. That means if you’re ok with potential risks you can install a third party App Store. It doesn’t impact any liability on apples side. It doesn’t even increase any cost on their side. It would impact their revenue however