I feel proud, as I contacted the EU commission regarding this specific issue
Genuinely, good work getting involved.
The reply, for those interested:
Many thanks for your enquiries dated 29 January 2024 and 10 February 2024 and your interest in the Digital Markets Act (“DMA”).
Your questions concern the Commission’s decision of 5 September 2023 designating Apple Inc. (“Apple”) as a gatekeeper under the DMA (see here for the public version of the decision).
The Commission’s designation decision is based on the evidence available to the Commission and submissions made by Apple taking into account the legal framework under the DMA. Regarding your questions, we note the following:
The Commission designated Apple’s operating system iOS. The Commission considers that Apple has provided sufficient facts and arguments to hold that iOS and iPadOS constitute each a distinct operating system core platform service, with only iOS meeting the quantitative thresholds for designation. However, the Commission has opened a market investigation in the qualitative designation of iPadOS. This investigation is currently ongoing. Should the Commission qualitatively designate iPadOS, it would be subject to the same obligations under the DMA as iOS. The Commission designated Apple’s software application store App Store, which is currently offered on different Apple devices running on iOS, iPadOS, macOS, watchOS and tvOS as a single core platform service, irrespective of the device on which it is used. This is because, based on the evidence in the file, the App Store is used for the same common purpose from both an end user and a business user perspective across all devices on which it is available, namely to intermediate the distribution of apps.We hope this answers your questions. For any further information, including on the upcoming compliance phase, please visit the Commission’s DMA website under https://digital-markets-act.ec.europa.eu/
Kind regards,
The DMA Team
Unless the EU makes Apple get rid of the yearly cost per installation, any app store other than Apple’s is limited by the inability to have free or freemium apps, giving them a substantial disadvantage in comparison.
I think this would need new legislation that would push software regulations further than they’ve been before.
Apple can allow apps to be installed outside their app store. The fee they are charging is likely related to accessing their APIs and tools for developing iOS apps. Apple would have to be forced to make these free.
Currently you could considerably make an iOS app without apple’s tools and APIs. But it would require significant effort to develope/reverse engineer these tools to make the app. Effort that is outside of the scope of most modern app development.
To force apple to make the APIs and tools open would likely require additional legislation. Saying not only must the device allow third party distribution of apps, but apple must support these activities for free. This is significantly different from making apple allow third party apps. It puts on them a real cost (not potential loss like allowing third party app stores).
This isn’t a problem for other systems because they actively invite people to develop and distribute their software for their system. But it would have implications for game consoles. Sony, MS and Nintendo would have to allow any potential developer access to their tools for free with little obligation.
If the requirements are the same as for iPhones, this change is entirely inconsequential, because Apple can just add so many hurdles to sideloading to make this infeasible.
The EU said the Apple’s implementation isn’t complying. The rules are clear. Sideloading means sideloading.
