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Spotify, Fortnite maker Epic Games challenge Apple’s App Store changes, again

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Spotify and Fortnite maker Epic Games, along with over two dozen companies, have written to the European Commission alleging Apple’s lack of compliance with the the Digital Markets Act (DMA), according to which the Tim Cook-led company will have to open up the iPhone to sideloading, or allowing third-party app stores.

In a letter addressed to Margrethe Vestager, executive vice president of the European Commission and Thierry Breton, commissioner for Internal Market European Commission, a group of 34 companies and associations said that they are ‘very concerned’ about Apple’s proposed scheme for compliance with the DMA. the claim that the change brought by the iPhone maker will not meet the law’s requirements.

“We are very concerned that Apple’s proposed scheme for compliance with the Digital Markets Act (DMA), as communicated on 25 January 2024, will not meet the law’s requirements therefore inhibiting our ability to deliver the benefits of the DMA to consumers as soon as possible,” said the group, that consists of companies operating across a wide range of digital sectors, including gaming, audio streaming, applications software, and others.


What the companies have to sayThe group claims that Apple’s new terms disregard the spirit of the law and make “a mockery of the DMA”.

“Apple’s new terms not only disregard both the spirit and letter of the law, but if left unchanged, make a mockery of the DMA and the considerable efforts by the European Commission and EU institutions to make digital markets competitive,” they said.

Among various issues, the group highlighted the ‘new Apple tax’ that every developer will have to pay when their annual app install crosses 1 million downloads. They claim that there “are a myriad of elements in Apple’s announcement that do not comply with the DMA.”

What Apple has to sayIn a statement to The Verge, Apple spokesperson Peter Ajemian said that the “DMA changes will result in a less secure system” – something it also highlighted in a guidance paper released this week.

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“Apple’s approach to the Digital Markets Act was guided by two simple goals: complying with the law and reducing the inevitable, increased risks the DMA creates for our EU users… For every change, teams at Apple continued to put our users at the centre of everything we do,” Ajemian said.

“That meant creating safeguards to protect EU users to the greatest extent possible and to respond to new threats, including new vectors for malware and viruses, opportunities for scams and fraud, and challenges to ensuring apps are functional on Apple’s platforms. Still, these protections don’t eliminate new threats the DMA creates,” the spokesperson added.

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