Commission closure of investigation into Apple's rules for developers of e-book/audiobook apps

 

Commission closure of investigation into Apple's rules for developers of e-book/audiobook apps

On 22 November the European Commission announced that it had closed its investigation into allegedly anti-competitive behaviour by Apple over some of the terms it applies to competing e-book/audiobook app developers for use of its App Store in the EEA.

The step follows the withdrawal of the complaint filed against Apple by an e-book and audiobook distributor. Meanwhile the Commission states that it will continue to monitor business practices in the European tech sector, including those of Apple.

The evolution of the concept of abuse of dominance and the interaction between the Commission’s enforcement priorities and practice as well as the Court’s jurisprudence towards a more economics-based approach has a particular significance in digital markets. This is not least because of the enactment of ex ante regulation in digital markets. An important illustration of this trend is the Digital Markets Act (‘DMA’)  which introduces regulation of certain large digital platforms (‘digital gatekeepers’).

The DMA applies regardless of the existence of any effects of commercial practices on competition, competitors or consumers. However, it is widely accepted that the rules in the DMA are based on antitrust proceedings.  Furthermore, the Commission may enforce Article 102 in digital markets  and national authorities continue to enforce Article 102 but have no corresponding powers to enforce the DMA.

This context raises the prospect of differences in treatment between equivalent practices under Article 102 and under the DMA when adopted by gatekeepers (or in relation to non-gatekeeper digital platforms). This bifurcation of enforcement tools is likely to be a feature of the decisional practice and jurisprudence under Article 102 and the DMA in the coming years and which is perhaps inevitable given the legal framework established by these rules.

https://ec.europa.eu/commission/presscorner/detail/en/mex_24_6024