Margrethe Vestager, Executive Vice-President of the European Commission
The European Commission has begun to set out legal requirements for Apple to open up all of iOS and iPadOS to third parties, on top of allowing rival App Stores and payment systems.
As one European Union investigation has found that Apple is in breach of the Digital Markets Act (DMA), the European Commission is ordering the company to comply with the next stage of the law. It has formally announced what it calls two specification proceedings, which will lay out the rules and the timetable by which Apple must allow third-party access to all of its iPhone hardware and software features.
“Today is the first time we use specification proceedings under the DMA to guide Apple towards effective compliance with its interoperability obligations through constructive dialogue,” said Margrethe Vestager, the EU’s Executive Vice-President in charge of competition policy in a statement. “We are focused on ensuring fair and open digital markets.”
“Effective interoperability, for example with smartphones and their operating systems, plays an important role in this,” she continued. “This process will provide clarity for developers, third parties and Apple.”
The first of the two proceedings concerns “iOS connectivity features and functionalities, predominantly used for and by connected devices.” The European Commission will specify how Apple will enable connectivity and device pairing for any manufacturer of any devices, such as smartwatches, and headphones.
Then the second proceeding concerns when Apple will do this. Specifically, once the procedures are in place for a firm to request such access, Apple will be required to make “the request process transparent, timely, and fair.”
“We will continue our dialogue with Apple and consult third parties to ensure that the proposed measures work in practice and meet the needs of businesses,” concluded Vestager.
Apple has not responded publicly, but has many times stated that it is continuously working with the EU and the Commission over complying with the DMA. The European Commission’s statement says that it “will conclude the proceedings within 6 months from their opening.”
Vestager has been leading the EU’s efforts to control Big Tech firms, and specifically Apple, for a decade. She will, however, be out of her role by the time these proceedings are concluded.
App Stores, Apple Intelligence, and the EU
This move about forcing Apple to allow rivals access to its iOS functionality is the latest step in a decade-long journey that has seen both sides protesting unusually strongly.
Vestager, for instance, has slammed Apple’s decision to withhold Apple Intelligence from the EU. “I think that is the most sort of stunning, open declaration that they know 100% that this is another way of disabling competition, where they have a stronghold already,” she said.
Early on in the dispute, Tim Cook went so far as to ascribing the EU’s various moves to anti-US sentiment. Regarding the now seemingly settled issue over Apple and Ireland’s financial arrangements, Cook said the EU’s demand for a then $13-billion tax demand was “total political crap.”
Then the Digital Markets Act came into law in 2022, and an immediate requirement was for Apple to allow third-party alternatives to the App Store. Since then, the company has been forced to open access to the iPhone’s NFC feature to allow rivals to Apple Wallet.
Apple has complied with the DMA — although rivals like Epic Games vehemently and repeatedly dispute this. The new ruling is not an addition to the EU’s demands, however, rather a continuation of the aims it originally set out for Apple.
