Wed. Nov 27th, 2024

Brussels, 22 November 2024

The EU Commission has decided to close its antitrust investigation into allegedly anticompetitive behaviour by Apple over some of the terms it applies to competing e-book/audiobook 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 competing e-book/audiobook app developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities available outside the App Store (‘steering’) (AT.40652).

On the same day, it opened two other antitrust investigations concerning similar Apple App Store terms in relation to music streaming (AT.40437) and other apps competing with apps or services offered by Apple (AT.40716).

On 4 March 2024, the Commission fined Apple for abusing its dominant position on the market for the distribution of music streaming apps in case AT.40437. On 24 June 2024, following the designation of Apple as a gatekeeper in relation to its App Store under the Digital Markets Act (DMA), the Commission decided to close its antitrust investigation with broader scope in case AT.40716. 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.

Following the withdrawal of the complaint filed against Apple by an e-book and audiobook distributor, the Commission has decided to close its antitrust investigation concerning specifically e-book/audiobook apps (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.40652.

 

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