Overview

• On July 7, Apple lodged its formal appeal at the EU General Court to overturn the April €500 million fine imposed under the Digital Markets Act.
• The company contends the European Commission unlawfully broadened the DMA’s anti-steering definition to cover in-app promotions, webviews and links to alternative marketplaces.
• In late June, Apple overhauled its EU App Store policies to allow external payment links, offer alternative in-app payment methods and introduce a tiered commission structure of 5 percent or 13 percent plus a 2 percent user acquisition fee.
• The European Commission is currently assessing whether those policy changes satisfy its April order and could reinstate daily fines of up to 5 percent of Apple’s global average daily revenue if compliance falls short.
• This appeal marks the first judicial challenge to a DMA enforcement action, setting a key precedent for how the EU regulates its designated gatekeeper platforms.