52025DMA100109

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Document 52025DMA100109

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Summary of Commission Decision of 23 April 2025 relating to a decision pursuant to Articles 29(1), point (a), 30(1), point (a), and 31(1), point (h), of Regulation (EU) 2022/1925 (Case DMA.100109 – Apple – Online Intermediation Services – app stores – AppStore – Art. 5(4)) (notified under document number C(2025) 2090)

C/2025/2090

OJ C, C/2025/3348, 16.6.2025, ELI: http://data.europa.eu/eli/C/2025/3348/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2025/3348/oj

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C/2025/3348

16.6.2025

Summary of Commission Decision

of 23 April 2025

relating to a decision pursuant to Articles 29(1), point (a), 30(1), point (a), and 31(1), point (h), of Regulation (EU) 2022/1925

(Case DMA.100109 – Apple – Online Intermediation Services – app stores – AppStore – Art. 5(4))

(notified under document number C(2025) 2090)

Only the English text is authentic)

(C/2025/3348)

On 23 April 2025, the Commission adopted a decision pursuant to Articles 29(1), point (a), 30(1), point (a), and 31(1), point (h), of Regulation (EU) 2022/1925. (1) In accordance with the provisions of Article 44 of Regulation (EU) 2022/1925, the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1. INTRODUCTION

(1)

The non-compliance decision (the ‘Decision’) sets out the Commission’s findings that Apple does not comply with Article 5(4) Regulation (EU) 2022/1925 in relation to its App Store core platform service (‘CPS’). Apple limits the ability of app developers distributing software applications (‘apps’) on Apple’s App Store to direct end users acquired via its CPS or through other channels (‘acquired users’) to offers inside or outside of their apps (‘steer’ or ‘steering’) in order to conclude contracts inside or outside of their apps following that steering (‘steered transactions’). Apple also charges a fee in relation to steered transactions, which goes beyond the possible remuneration for an initial acquisition of that end user facilitated by Apple.

(2)

As a result, the Decision orders Apple to bring the non-compliance to an end within 60 days from the notification of the Decision (‘cease-and-desist order’), imposes on Apple a fine, as well as potential periodic penalty payments if Apple fails to comply with the cease-and-desist order set out in the Decision.

2. LEGAL FRAMEWORK

(3)

Pursuant to Article 5(4) of Regulation (EU) 2022/1925, a gatekeeper shall allow business users, free of charge, to communicate and promote offers, including under different conditions, to end users acquired via its CPS or through other channels, and to conclude contracts with those end users, regardless of whether, for that purpose, they use the CPSs of the gatekeeper.

(4)

Where the CPS at issue is a software application store (‘app store’), business users of that CPS are the developers of apps that make their apps and digital goods and services available to end users through the gatekeeper’s app store (‘app developers’). In that context, gatekeepers should allow app developers that distribute their app(s) through the gatekeeper’s app store to steer acquired end users and to subsequently conclude contracts with them (either inside or outside the app), free of charge.

(5)

Pursuant to Article 8(1) of Regulation (EU) 2022/1925, the gatekeeper shall ensure and demonstrate compliance with the obligations laid down in Articles 5, 6 and 7 of the Regulation. Moreover, the measures implemented by the gatekeeper to ensure compliance with that obligation shall be effective in achieving the objectives of Regulation (EU) 2022/1925 and of the relevant obligation.

3. APPLE’S COMPLIANCE SOLUTION

(6)

Before the entry into application of Regulation (EU) 2022/1925, Apple had one set of business terms and conditions governing Apple’s relationship with app developers using the App Store (‘the Original Business Terms’). In response to Regulation (EU) 2022/1925 and in addition to the Original Business Terms, Apple introduced a set of alternative business terms (‘New Business Terms’) in the EU in March 2024. In response to the obligations imposed on Apple in March 2024 following the Commission’s Music Streaming antitrust decision (2), Apple introduced a third set of business terms, which music streaming service providers in the EEA are able to choose instead (‘New Music Streaming Business Terms’).

(7)

Under the Original Business Terms, developers have to use Apple’s ‘In-App Purchase’ payment processing system (‘IAP’) to sell digital goods or services within their apps downloaded from the App Store. Apple furthermore does not allow apps to include any calls to action that direct customers to purchasing mechanisms other than IAP and does not allow in-app advertising encouraging users to make a purchase outside of the App Store. Under the Original Business Terms, app developers pay Apple a commission fee of 30 % or 15 % for in-app purchases of digital goods and services.

(8)

Under the New Business Terms, Apple imposes significant technical and contractual limitations to steering by developers:

—

First, Apple only allows steering through a link in the developer’s app that redirects the customer to a web page where the customer can conclude a contract (‘link out’). However, Apple does not allow other forms of steering such as providing pricing information within the app or communicate in any other way end users to promote offers available on alternative distribution channels.

—	Second, the link provided by the app developer can only direct the end user to the developer’s website, without any redirect or intermediate links or landing page.

—	Third, app developers may only include one link per app and per EU Member State.

—	Fourth, the link must open a new window in the default browser on the device and may not open a web view to conclude a transaction without leaving the app.

—	Fifth, the developer may not pre-fill information on the destination page with the user’s data from the app to facilitate the purchasing process.

—	Sixth, each time an end user of an app offering digital goods and services links out, it should be presented with a warning prompt (‘disclosure sheet’).

(9)

The New Business Terms foresee three different fees for developers (that may be cumulative, but not necessarily):

—

First, developers have to pay a commission fee of 17 % (and 10 % for small businesses) for all app purchases and in-app purchases of digital goods and services, including where developers include link-outs, provided that the user makes a purchase within seven days of linking out. This fee is a recurring payment obligation applicable for as long as the user uses the app.

—	Second, developers have to pay a fee of 3 % for those apps using Apple’s IAP payment processing system.

—	Third, for all apps distributed on iOS, developers have to pay Core Technology Fee of (‘CTF’) for apps distributed on iOS. The CTF amounts to EUR 0,50 for each annual install.

(10)

Most of the limitations which apply to the New Business Terms also apply to the New Music Streaming Business Terms, with minor differences. However, unlike the New Business Terms, under the New Music Streaming Business Terms, Apple charges a commission fee of 27 % for transactions concluded after link-out.

4. PROCEDURE

(11)

On 5 September 2023, the Commission adopted a decision designating Apple as a gatekeeper pursuant to Article 3(4) of Regulation (EU) 2022/1925 (3). Since 7 March 2024, Apple had to comply with the obligations laid down in Regulation (EU) 2022/1925, in particular Article 5(4) of that Regulation, in relation to the designated CPSs.

(12)

On 7 March 2024, Apple submitted to the Commission a compliance report pursuant to Article 11(1) of Regulation (EU) 2022/1925 (‘the Apple Compliance Report’). The Commission has analysed that report to determine whether the measures implemented by Apple ensure and demonstrate compliance, as of 7 March 2024, with the obligations laid down in Article 5(4) of Regulation (EU) 2022/1925 in relation to its App Store CPS.

(13)

On 25 March 2024, the Commission adopted a Decision opening proceedings pursuant to Article 20(1) of Regulation (EU) 2022/1925 with a view to the possible adoption of a decision pursuant to Articles 29 and 30 of that Regulation in relation to Apple’s compliance with Article 5(4) of that Regulation (the ‘Opening Decision’) (4).

(14)

On 24 June 2024, the Commission communicated to Apple its Preliminary Findings pursuant to Article 29(3) and 34(1) of Regulation (EU) 2022/1925, in which it informed Apple of its preliminary conclusion that none of the three sets of business terms and conditions governing Apple’s relationship with app developers using the App Store comply with Article 5(4) of Regulation (EU) 2022/1925. On 29 July 2024, Apple responded by contesting those Preliminary Findings.

(15)

On 8 August 2024, Apple announced new possible changes to the business terms and conditions governing Apple’s relationship with app developers using the App Store, including its steering rules, for which it was inviting feedback from the market (the ‘8 August 2024 Draft Terms’). Apple has not implemented those changes to date.

(16)

On 7 March 2025, Apple submitted to the Commission its second annual compliance report pursuant to Article 11(1) of Regulation (EU) 2022/1925 (‘the 2025 Compliance Report’). In this report, Apple refers to its announcement of 8 August 2024 of ‘proposed changes to the ability of developers to communicate and promote offers available outside of the app from within the app for digital goods or services.’ While Apple refers to the proposed changes in its 2025 Compliance Report, Apple also indicates that it has not yet implemented any changes to the measures it has already put in place on 7 March 2024 in order to ensure compliance with Article 5(4) of Regulation (EU) 2022/1925.

(17)

This Decision does not assess the effective compliance of the 8 August 2024 Draft Terms with Article 5(4) of Regulation (EU) 2022/1925.

(18)

In accordance with Articles 29 and 50(2) Regulation (EU) 2022/1925, the Digital Markets Advisory Committee was consulted and issued its positive opinion on 22 April 2025.

5. THE COMMISSION’S ASSESSMENT

(19)

Following the Commission’s proceedings opened by Decision C(2024) 2056 of 25 March 2024 pursuant to Article 20(1) of Regulation (EU) 2022/1925, after considering Apple’s Response of 29 July 2024 to the Commission’s Preliminary Findings of 24 June 2024, the Commission has adopted a non-compliance decision pursuant to Article 29(1) of Regulation (EU) 2022/1925 finding that none of Apple’s business terms available in the EU comply with Article 5(4) of Regulation (EU) 2022/1925.

(20)

First, the Original Business Terms do not comply with Article 5(4) of Regulation (EU) 2022/1925. The Original Business Terms completely prevent app developers from communicating and promoting offers within the app, and to conclude contracts with acquired end users following such communication or promotion of offers, either within or outside the app. This is not contested by Apple.

(21)

Second, the New Business Terms do not comply with Article 5(4) of Regulation (EU) 2022/1925. While these terms allow developers to promote offers to end-users by using a link-out to a website in order to purchase digital goods and services from the app developer, they do not allow app developers to freely communicate and promote offers, and conclude contracts, using any form of communication, within or outside the app, in view of the restrictions those terms contain in relation to the destination page after a link-out and the recurrent presentation of a disclosure sheet after link-out. Further, by imposing a recurrent commission fee on all transactions that are completed by all end users within 7 calendar days after each link-out (steering) from the app developer’s app (including auto-renewing subscriptions), for as long as users us the app, the New Business Terms also do not allow the conclusion of contracts following steering ‘free of charge’. The Commission considers that this fee also does not amount to remuneration for the facilitation of the initial acquisition, which is in principle allowed under Article 5(4) of Regulation (EU) 2022/1925. This is because this fee is not limited in time to the initial acquisition and is not commensurate to the value of the initial acquisition.

(22)

Third, the New Music Streaming Business Terms do not comply with Article 5(4) of Regulation (EU) 2022/1925. The reasoning for this conclusion is largely overlapping with that presented for the non-compliance of the New Business Terms above.

6. CEASE AND DESIST ORDER

(23)

In light of the above, the Commission orders Apple, pursuant to Article 29(5) of Regulation (EU) 2022/1925, to bring the non-compliance described above effectively to an end within 60 calendar days from the date of the notification of the Decision.

(24)

To comply with this cease-and-desist order, Apple should:

Effective communication, promotion of offers and conclusion of contracts

(i)	ensure that app developers are allowed in practice to engage in any form of communication, promotion of offers, and conclusion of contracts following steering with end users both within and outside their app.

Conclusion of contracts ‘free of charge’

(ii)	ensure that both (i) the communication and promotion of offers, and (ii) the conclusion of contracts following steering with end users acquired through the App Store are free of charge;

(iii)

ensure that any potential remuneration for facilitating the initial acquisition of end users by the app developers: (i) is related to the initial acquisition only; (ii) is commensurate to the value of the initial acquisition and must take into account any other, direct or indirect, remuneration received from business users for facilitating the initial acquisition; and; (iii) does not remunerate the gatekeeper for gatekeeper value. Apple is prohibited from imposing any other type of fee that covers services linked to the acquisition of end users.

7. FINES AND PERIODIC PENALTY PAYMENTS

(25)

In light of the above, the Decision imposes a fine of EUR 500 000 000 on Apple pursuant to Article 30(1) of Regulation (EU) 2022/1925. The imposed fine does not exceed the maximum allowed of 10 % of Apple’s worldwide turnover, pursuant to Article 30(1) of Regulation (EU) 2022/1925.

(26)

The Decision also indicates that if Apple fails to comply with the cease-and-desist order, Apple shall incur periodic penalty payments not exceeding 5 % of Apple’s average daily worldwide turnover in the preceding business year pursuant to Article 31(1)(h) of Regulation (EU) 2022/1925.

8. CONCLUSION

(27)

For the reasons set out above, the Decision closes the proceedings by concluding that Apple’s Original Business Terms, the New Business Terms, and the New Music Streaming Business Terms do not comply with Article 5(4) of Regulation (EU) 2022/1925. For this reason, the Decision imposes a fine on Apple. The Decision further imposes a cease-and-desist order on Apple to bring the non-compliance to an end within 60 calendar days from the date of notification of the Decision, and sets out that Apple shall incur periodic penalty payments within the limits of Article 31(1) of Regulation (EU) 2022/1925 if it fails to comply with the Decision.

(1) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act, ‘DMA’) (OJ L 265, 12.10.2022, p. 1).

(2) https://ec.europa.eu/competition/antitrust/cases1/202419/AT_40437_10026012_3547_4.pdf.

(3) Decision C(2023) 6100 final.

(4) Decision C(2024) 2056.

ELI: http://data.europa.eu/eli/C/2025/3348/oj

ISSN 1977-091X (electronic edition)

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