Apple’s App Store Tweaks in the EU: A Step Forward, But With a Catch
The European Union’s Digital Markets Act (DMA), which seeks to regulate the power of large tech platforms, has forced Apple to make changes to its App Store rules in the EU. While these changes may appear to grant developers greater freedom in linking to outside purchases, a controversial new fee structure casts a shadow over any perceived benefit.
A Flawed Step Towards Freedom:
Starting this fall, all developers in the EU will be able to include links that direct users to purchase items outside their apps. This means developers can now point users to their own websites, other app stores, or any other "destination of their choice." This change is undoubtedly positive, as it gives users greater control over where they spend their money and increases competition in the digital market.
However, the potential for this change to truly impact the app market is severely limited by Apple’s new "store services fee." This fee, levied on all digital goods and services purchased within one year from the date the user installs the app, applies regardless of whether the user actually clicks the external link. In essence, Apple is charging a commission on transactions that could occur
on any platform, even if the user never interacts with the external link. This means even purchases made on a developer’s website or an alternative app store from a different device, like a Windows computer, will be subject to Apple’s fee.
The fee structure is further complicated by an additional "initial acquisition fee" of 5 percent levied on all digital goods and services purchased "on any platform" within the first year of app installation. The combined effect of these fees could result in Apple taking up to 25 percent in commissions on purchases made within one year of installation, including off-platform subscriptions and autorenewals.
A Calculated Move:
While Apple justifies these fees by claiming they reflect the "value" the App Store provides, critics argue they are thinly veiled attempts to stifle competition and maintain Apple’s dominant market share.
"Apple’s terms make it completely uneconomical for developers to distribute their apps through both the Apple App Store and competing iOS app stores," stated Tim Sweeney, CEO of Epic Games, in a post on X.
Apple’s move can be seen as a calculated response to the EU’s scrutiny and the potential for hefty fines. Earlier this year, the EU fined Apple €1.84 billion (about $2 billion) for preventing music streaming apps like Spotify from displaying cheaper subscription deals outside the App Store. Additionally, the EU is currently investigating Apple over its restrictions on alternative app stores and the "Core Technology Fee" which requires developers on third-party stores to pay 50 euro cents per install for apps with over 1 million downloads.
The DMA: A Catalyst for Change:
The DMA, which went into effect in March 2024, is the first significant regulatory framework to address the power imbalances in the tech industry. The aim is to create a more competitive and consumer-friendly digital marketplace by limiting the ability of "gatekeeper" platforms like Apple, Google, and Meta to stifle competition and exploit their dominant positions.
The DMA’s impact on Apple’s App Store is already apparent, as the company has been forced to make significant changes, albeit contentious ones.
"We are currently assessing Apple’s deliberately confusing proposal," said Spotify spokesperson Jeanne Moran in an emailed statement to The Verge. "Apple once again blatantly disregards the fundamental requirements of the Digital Markets Act (DMA). The European Commission has made it clear that imposing recurring fees on basic elements like pricing and linking is unacceptable. We call on the Commission to expedite its investigation, implement daily fines and enforce the DMA."
While the EU’s investigation into Apple’s new rules is ongoing, the DMA has clearly forced the company to take a step towards greater fairness in the app market.
Conclusion:
The new App Store rules in the EU offer a glimpse into a future where developers have increased freedom to offer alternative purchase options. However, Apple’s introduction of fees on off-platform purchases casts a significant shadow over this potential progress. The EU’s investigation into these new rules will likely determine the true impact of the DMA on Apple’s dominance in the mobile market and its ability to control the user experience. Ultimately, the success of the DMA hinges on its ability to ensure that these changes benefit consumers and foster a more competitive and equitable digital landscape.