The US tech giant was fined €500 million by the European Commission in April for breaching the EU’s Digital Markets Act.
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Apple is claiming that the EU’s digital rulebook - the Digital Markets Act (DMA) - has been enforced in response to political agendas and has unfairly targeted the US tech giant since the law took effect in early 2023.
The allegation is likely to feed into US administration arguments that the countries' tech companies are suffering unfairly at the hands of European regulators.
Donald Trump unexpectedly threatened to impose "substantial additional tariffs" on countries that implement legislation targeting American tech companies in late August, "unless these discriminatory actions are removed".
In a submission to a European Commission questionnaire on the first review of the DMA, which closed on Wednesday, the Apple submitted that the rules “should be repealed while a more appropriate fit for purpose legislative instrument is put in place.”
The DMA obliges tech giants identified as 'gatekeepers' to stick within a set of competition rules aimed to make the markets in the sector fairer.
The submission says that “the Commission has been highly responsive to external pressures—whether from complainants or from shifting political enforcement agendas—resulting in a disproportionate focus on Apple. […] the Commission has treated the DMA as a weapon, adopting a persistently adversarial stance uniquely against Apple that is wholly inappropriate for this regulatory framework.”
In 2023 and 2024, the Commission identified seven gatekeepers under the DMA: American platforms Alphabet, Amazon, Apple, Meta and Microsoft; China-based ByteDance; and Booking.com, headquartered in the Netherlands.
Apple and Meta were fined in April for non-compliance with the DMA. The Commission fined Apple €500 million after finding it was preventing developers from freely communicating with consumers and steering them to alternative channels for offers and content.
The investigation found that app developers distributing their apps via Apple's App Store could not inform customers, free of charge, of alternative offers outside the App Store.
US criticism
Donald Trump's administration has slammed enforcement of EU digital rules, including the AI Act, the Digital Services Act and DMA.
Commission Vice-Presidents Teresa Ribera and Henna Virkkunen said earlier this year in a letter responding to questions from the US Congress that the DMA does not target US companies and applies agnostically to digital platforms designated under its rules as “gatekeepers”.
A spokesperson for the Commission said in a statement that “DMA compliance is not optional, it's an obligation.”
“Gatekeepers, like Apple, must allow interoperability of third-party devices with their operating systems. Precisely because in the EU, thanks to the DMA, companies have the right to compete fairly,” the spokesperson added.
The DMA review needs to be conducted by May 2026, and every three years thereafter.
