The European Union is striking a big blow! European regulation has just reached a new milestone. Meta and Apple, designated as “gatekeepers” under the DMA, have been hit with heavy sanctions for anti-competitive practices.
The DMA, the regulation that came into force in March 2024, specifically targeted these platforms labeled as “access controllers” due to their dominant position in the digital market. It imposes a series of obligations (“Do’s”) and prohibitions (“Don’ts”) to prevent anti-competitive practices.
Its objectives :
Ensure fair relations between platforms and professional users
Protect innovation and consumers’ freedom of choice
🔍 In Meta’s case, the €300 million fine penalizes a practice that forced users to accept the “pay or consent” model; a mechanism that forces the user to choose between a paid service to preserve their privacy or a free service funded by the exploitation of their personal data.
This approach was deemed contrary to Article 5(2) of the DMA, which requires specific consent for the combination of personal data across different services of the same access controller.
🍏 Regarding Apple, the sanction amounts to €400 million. The issue at hand is the failure to comply with the obligation to allow app developers to direct their users to offers outside the App Store. The Commission found that Apple implemented deliberate deterrent practices :
Complex user interfaces with multiple steps
Excessively alarmist warning messages
Restrictions limiting developers’ ability to communicate freely with their customers
These practices were labeled “dark patterns” (deceptive interfaces) and fundamentally run counter to the spirit of the DMA, which aims to unlock the mobile app ecosystem.
🌍 These sanctions come in a context of heightened trade tensions between the EU and the United States. Washington has already expressed its dissatisfaction, considering that these measures specifically target American companies and could constitute a form of disguised protectionism. However, at the scale of tech giants, are these fines truly deterrent? To put things in perspective, the €400 million imposed on Apple represents less than 0.1 % of its annual revenue (USD 394 billion in 2023), while Meta’s €300 million sanction corresponds to about 0.3 % of its revenues (USD 134 billion).
Given this economic reality, do you think these sanctions will have a significant impact on their business practices? And what about the other GAFAM members like Google, Amazon, or Microsoft? Will the European regulator need to consider more severe measures to truly influence these dominant economic players? 💬
Source : https://ec.europa.eu/commission/presscorner/detail/fr/ip_25_1085
