Commission decisions against Apple and Meta necessary to bring more choice to consumers in digital markets

Today’s decisions by the European Commission against Apple and Meta for non-compliance with the Digital Markets Act (DMA) are good news for consumers to enjoy more of the potential benefits of this crucial law since it entered into application a year ago.

Apple has been operating rules for its App Store which prevent app developers from freely directing consumers to alternative channels for offers and content. Under the DMA, app developers should be able, free of charge, to inform their customers of alternative cheaper purchasing possibilities outside Apple’s App Store.

Under the DMA, Meta must seek freely-given consent to use people’s personal data. The pay-or-consent mechanism the company rolled out as a compliance mechanism, a new version of which was unveiled in November 2024 and which BEUC criticised, continues to infringe the Digital Markets Act, on the basis that it unfairly pushes Facebook and Instagram users to consent to the use of their data for personalised ads.

The Commission has also issued preliminary findings against Apple for failing to allow developers to distribute their apps by means other than through the Apple app store effectively. This includes making it overly burdensome and confusing for end users to install apps when using such alternative app distribution channels, as BEUC previously pointed out.

Agustín Reyna, Director General of Europe’s consumer organisation BEUC, commented: “Today’s decisions are important to show Big Tech that if they choose to operate on the EU’s Single Market they must play by our rules. Apple and Meta have had ample time to comply with the Digital Markets Act but instead have delayed compliance and tried to twist the rules to their advantage. Consumers deserve better choices, and businesses need fairer market conditions in digital markets, so the Commission must enforce the law.”

The Digital Markets Act is a gamechanger in terms of opening up digital markets to more competition. The Commission must enforce the Digital Markets Act effectively so that gatekeepers comply with all its provisions and consumers can reap the benefits of more and better choice in digital services.