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A ruling from the Netherlands Authority for Consumers and Markets has been upheld by the Dutch court. It stated Apple had abused its dominant position in the mobile app market.
The court agreed with findings that Apple levied unfair conditions upon developers of dating apps. It required the use of its in-app payment system. At the same time, the court forbade any links to external payment platforms.
The Rotterdam District Court upheld the imposition of €50 million upon Apple. This fine was imposed in 2021 for non-compliance following a ruling that Apple had not implemented the required changes to its App Store policies.
The ACM had found that Apple's payment system imposed unnecessary financial burdens on dating app providers by taking a 30 percent commission (15 percent for smaller developers).
Apple has made it public that it will appeal the Dutch court's decision. The company claimed that the ruling would infringe on privacy, user security, and developer advantages offered by its systems.
Apple further said in a statement to Reuters that “These requirements will also hand data-hungry companies sensitive information, which poses massive privacy and security risks to our EU users. These deeply flawed rules that only target Apple and no other company will severely limit our ability to deliver innovative products and features to Europe, leading to an inferior user experience for our European customers.”
Earlier this June, Apple initiated a separate legal challenge against the European Union Digital Markets Act, describing the law as "deeply flawed" and involving "unreasonable demands."
Apple also warned that the legislation could force Apple to give Meta and Google access to features not even the European Commission has access to in Apple's tightly controlled and curated ecosystem. They stated that it would undermine the company’s commitment to protecting user data from competitors.
The Dutch courts also increased the scrutiny of Apple's App Store practices in the EU. Apple is now facing a regulatory issue of great importance. In a bid not to hinder any services, DMA has initiated the opening of its ecosystem to other applications.
Moving past these case studies will pave the way for digital marketplaces in Europe, particularly regarding the best interests of developers and consumers.
