Brussels, 24 June 2024
The Commission has decided to close its antitrust investigation into allegedly anticompetitive behaviour by Apple over some of the terms it applies to certain app developers for use of its App Store in the European Economic Area.
On 16 June 2020, the Commission opened an antitrust investigation into (i) Apple’s rules imposing the mandatory use of its own proprietary in-app purchase system (‘IAP’); and (ii) Apple’s restrictions on the ability of app developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities available outside the App Store (‘steering’) (AT.40716). On the same day, it opened two other antitrust investigations concerning similar Apple App Store terms in relation to music streaming (AT.40437) and e-books/audiobooks (AT.40652).
The Commission has decided to close its antitrust investigation with broader scope (AT.40716) following the designation of Apple as a gatekeeper in relation to its App Store under the Digital Markets Act (‘DMA’). Under the DMA, Apple must not obligate app developers to use its IAP and must refrain from imposing monetary and non-monetary restrictions on steering. In view of these clear prohibitions and to avoid multiple investigations into the very same conduct, the Commission has decided to close its antitrust proceedings.
Today’s closing decision does not concern the other two antitrust investigations concerning specifically music streaming (AT.40437) and e-books/audiobooks (AT.40652).
The closure of an investigation is not a finding that the conduct in question complies with EU competition rules. The Commission will continue to monitor business practices in the European tech sector, including those of Apple, both under the DMA and competition rules.
More information on the investigation will be available on the Commission’s competition website, in the public case register under the case number AT.40716.