EU wants to fine Apple E500 million for antitrust crackdown

EU wants to fine Apple €500 million for antitrust crackdown: report

A. Perez Meca | Europa Press | Getty Images

The European Commission will fine Apple around 500 million euros ($539 million) for alleged violations of EU competition law, the Financial Times reported on Sunday, citing unnamed sources with knowledge of the matter.

After Spotify filed a formal complaint with regulators in 2019, Brussels opened its first investigation into allegations that Apple hindered third-party music services on its devices and favored its own Apple Music service.

In most regions, Apple's App Store rules prohibit companies like Spotify from charging users for subscriptions directly in the app, so they instead use Apple's App Store billing service, which takes a cut of up to 30% .

Brussels formally charged Apple with an anti-competitive investigation in 2021, but narrowed the scope of the investigation last year and dropped allegations that it pressured developers to use its own in-app payment system.

The latest version of the investigation focused on whether Apple blocked apps from informing users about cheaper subscription alternatives outside of its native app store, violating EU competition laws.

The findings of the investigation will lead to the commission accusing Apple of abusing its position of power and banning its “unfair trading conditions” in relation to its subscription policies for music services, sources told the FT.

If imposed, the fine would be one of the largest fines the EU has imposed on a major technology company. This is followed by a series of large, controversial fines against Google.

While Apple has previously been fined for antitrust violations – for example in France with a fine of 1.1 billion euros, which was later reduced to 372 million euros on appeal – this would be the first such fine from Brussels.

The reported fine is part of a broader EU crackdown and follows the passage of the bloc's groundbreaking Digital Markets Act, scheduled for March. The new law aims to combat anti-competitive practices by major tech companies considered “gatekeepers,” including companies like Apple, Amazon and Google.

Smaller internet companies and other technology companies like Spotify have long complained that they are unfairly constrained by the business practices of these tech giants.

In Apple's case, the Digital Markets Act will require third-party developers to be able to distribute apps outside of the iOS Store and for those apps to bill their customers directly.

Apple has taken steps to comply with EU regulations by announcing changes to iOS, Safari and the App Store in the EU and saying it will soon allow software developers to publish their apps through alternative stores on Apple devices drive out.

In a separate antitrust case, the European Commission is investigating the way Apple prevents competitors from accessing its Apple Pay mobile system. Apple has already made concessions in this case.

The timing of the Commission's announcement of the fines has not yet been determined, but this will not change the direction of the antitrust investigation, the FT report says.

Apple has the right to appeal the decision to EU courts. The tech giant declined to comment on the report, referring CNBC to an earlier statement that it was pleased regulators had narrowed the focus of the investigation.

Read the full Financial Times report.