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DMA COMMENTS (short)
The digital economy is a driving force for economic growth and empowerment across the EU. Applying blanket
regulatory obligations and prohibitions without taking into account the differences between products, services
and business models creates significant risks, impacting the choices and opportunities for European
businesses and consumers.
Apple offers consumers products that tightly integrate hardware and software to provide a uniquely secure and
seamless user experience, safeguarding user safety and privacy. It does not depend on the col ection and
monetization of personal data; its business is to sel products and related services, not its customers' personal
information. With the App Store, Apple’s focus is on maintaining a safe and trusted marketplace for consumers,
while creating business opportunity for developers driving innovation.
the DMA should provide a mechanism for individual platforms to explain and objectively justify
business models and practices. It should ensure that regulators take into account holistic and consistent policy
considerations. Given the significant new market-intervention authority that the DMA creates, it needs stronger
procedural safeguards and more formal pathways for regulatory dialogue.
. Given the significant variation among platforms and market dynamics, the DMA
should require regulators to conduct a case-by-case analysis, as wel as allow covered entities to provide an
objective justification for maintaining a listed practice. The regulator should have to consider both the evidence
of actual competitive harm (or lack thereof) and evidence of countervailing policy benefits.
Holistic, evidence-based policy analysis
. The DMA must balance a complete set of policy considerations to
guide the regulator’s analysis of a given practice adopted by a platform, including:
• Security, privacy and choice.
The DMA should reflect the importance that European policymakers and
consumers place on user security and privacy. Apple offers European consumers a trusted marketplace that
reviews apps prior to distribution to ensure that they provide vital security and privacy protections, and
recoups its investment by charging a transparent commission on certain on-platform sales, rather than
through tracking, accumulating and monetizing user data. Article 6.1(c) would undermine Apple’s technical
ability to review apps for privacy and security by requiring Apple to allow apps to be downloaded via side-
loading or alternate app stores. Moreover, Article 5(c) would require Apple to allow business users to promote
offers to users off-platform, 1
thus undermining its ability to be compensated for its platform investment via
commission. Consumers currently have a choice of app distribution platforms — including those that lack
rigorous review and curation processes — that allow access to apps via side-loading or a third party app
store. If, however, Apple is required to allow circumvention of the platform and its protections, it would not be
able to maintain the safe, central marketplace it currently offers to consumers. Requiring Apple to adopt
these features would simple reduce consumer choice, privacy and security.
• Contestability of app markets for small business/new entrants.
The DMA should more clearly reflect the
importance of ensuring equal opportunity for all developers, and avoid harming competition among them.
With the recently launched App Store Small Business Program, SME-led innovation will continue booming in
the Apple ecosystem. Regulations that undermine the platform rules that build user trust will tend to benefit
large and widely popular apps that already have their own brand recognition — at the expense of smaller, up-
and-coming developers who rely on the platform's brand to attract customers.
Institutional and procedural safeguards.
The DMA would significantly expand the powers of the European
Commission to intervene in digital markets, and to increase the scope of that intervention over time. To ensure
balanced regulatory outcomes, the DMA should clearly base this authority on principles of proportionality,
accountability, rights of defence, due process, checks and balances, and judicial review.
Enhanced Regulatory Dialogue.
The DMA recognizes the importance of regulatory dialogue in Recitals 33,
58 and 60, yet the regulatory framework itself only allows for “dialogue” in the context of enforcement, under
the threat of important sanctions. The DMA should establish an architecture for regulatory dialogue outside of
an adversarial context, to ensure that there is an opportunity to develop an complete and robust factual
understanding of the digital markets in which covered and non-covered entities are operating.
“what is illegal offline should be illegal online, and what is legal offline should be legal online
” said EU
Commissioners. The practice prohibited per se in article 5(c) would be legal in the offline world. The App Store is a digital
retailer of software applications. In the offline world, it would be legal for a brick and mortar retail store to not allow its
business supplier to encourage customers in the retail store to purchase its products elsewhere, outside of the store.