Following an order issued by the Dutch ACM on 24 December 2021, Apple had until 15 January 2022 to allow dating app developers to select the in-app payment solution of their choice or to use alternative payment systems for the apps they offer in the Dutch Store Front of the App Store, subject to €5 million penalty per week of non-compliance with a penalty cap set at €50 million.
Submitting a late proposal on 27 March, 10 weeks and €50 million euros later, Apple waited until the very last fine to come up with an adjusted proposal.
“Only a monopolist would prefer to pay €50 million in fines instead of outright complying with the rule of law,” said Coalition for App Fairness executive director Rick VanMeter. “We support the ACM’s persistence in holding Apple accountable these past 10 weeks. App developers and businesses are relying on the ACM to scrutinize Apple’s late proposal and follow through with even stricter penalties if it is yet another superficial attempt to comply with the order.”
“Apple’s conduct to-date demonstrates a willingness to use its monopoly power to protect an unfair system that harms developers and consumers. As policymakers consider further action and enforcement – particularly of the recently agreed EU Digital Markets Act – we hope they take steps to ensure penalties are not rendered toothless by this type of brazen disregard for the law.”
About the Coalition for App Fairness
The Coalition for App Fairness is an independent nonprofit organization formed to protect consumer choice, foster competition, and create a level playing field for all app and game developers globally. Originally formed by Basecamp, Blix, Blockchain.com, Deezer, Epic Games, the European Publishers Council, Match Group, News Media Europe, Prepear, Proton, Skydemon, Spotify, and Tile, CAF has rapidly grown from 13 to over 60 members since launching in September 2020. CAF offers membership to companies of any size — join today at appfairness.org.
March 28, 2022