Spotify complained to Apple in the EU in 2019 because, among other things, it believed it was illegal for the company not to allow the Swedish music service to link to its payment options.
Apple has appealed the giant fine
On March 4, we reported that Apple was ordered to pay a fine of NOK 21 billion. The company appealed the fine after the EU concluded: “The European Commission fined Apple more than €1.8 billion for abusing its dominant market position to distribute music streaming apps to iPhone and iPad users (“iOS Users”) through the App Store. In particular, the Commission found that Apple implemented restrictions on app developers that prevented them from informing iOS users about alternative, cheaper music subscription services available outside the app (“anti-governance provisions”). “This is illegal under EU antitrust rules.”
Apple responded, among other things, that “the decision was made despite the Commission’s failure to uncover any credible evidence of harm to consumers, and ignores the realities of a thriving, competitive, and rapidly growing market.” The main proponent of this decision — and the biggest winner — is Apple. Spotify, a company based in Stockholm, Sweden, has the world's largest music streaming app and met with the European Commission more than 65 times during the investigation.
Spotify believes Apple should pay daily fines
But Spotify isn't finished yet, and has complained to Apple with the EU on the grounds of the DMA again. In all, the company filed a complaint four times. The European Union believes the complaint is valid, and they have launched another investigation, this time regarding fees imposed by Apple on alternative app stores in EU countries.
Overall, Spotify believes that Apple has not yet complied with DMA legislation to a sufficient extent, and believes that the Cupertino company should now be fined daily. Experts do not agree on whether this is true. Whatever happens, it will take some time before the EU reaches a conclusion, and Apple will almost certainly appeal any ruling. This means more years of Spotify vs. apple.
Spotify now states that “Vestager (Editor's note: Margrethe Vestager, 'Executive Vice President of the European Commission's EU Fit for the Digital Age and Competition Commissioner,'”) has made clear that Apple must now allow music streaming developers to communicate freely with its users, including providing… Links to purchase. Following the law is not optional, but Apple continues to defy the ruling. From April 6, the Commission can begin non-compliance proceedings and impose daily fines. It is time to take decisive action once and for all to give consumers real choice.
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