Apple Dodges EU Fine with New App Store Fees, Developers Cry Foul
TLDRs:
Apple introduces a 5% core technology fee on non-App Store purchases in Europe to comply with the EU’s Digital Markets Act.
The move helps Apple avoid a €500 million fine but adds layers of complexity to its fee structure.
Spotify and Epic Games accuse Apple of undermining the DMA through what they call “malicious compliance.”
EU regulators are reviewing whether Apple’s changes meet the law’s intent, not just its technical requirements.
Apple has rolled out new App Store policies in Europe aimed at sidestepping a looming €500 million fine from the European Commission, but developers are pushing back hard.
The tech giant’s latest move, a 5% “core technology commission” imposed on purchases made outside its App Store, has drawn sharp criticism from industry players who say the company is complying in form but not in spirit with the EU’s Digital Markets Act (DMA).
Subtle Defiance in Compliance
The Digital Markets Act was designed to curb anti-competitive practices by tech gatekeepers like Apple, forcing them to allow alternatives to their tightly controlled ecosystems. In response, Apple has technically allowed app developers in the EU to use alternative payment systems and distribution channels.
However, the Cupertino-based company introduced a new fee structure that retains its revenue grip, now charging developers a core technology commission of 5% even when payments bypass the App Store.
This new charge stacks on top of other fees, including a €0.50 annual charge per user for third-party apps and a commission on in-app purchases. In some cases, developers could face multiple fees for a single download, increasing their financial burden while Apple continues to profit from the platform it controls.
Pushback from Developers and Regulators
Industry leaders wasted no time in criticizing Apple’s changes. Spotify called the new terms “anticompetitive,” accusing Apple of undermining the DMA’s intent by making alternative distribution economically unviable.
Epic Games CEO Tim Sweeney went further, labeling the move “malicious compliance” designed to preserve Apple’s market dominance under a veneer of legal conformity.
The European Commission has taken notice. Regulators are now assessing whether Apple’s updates meet the spirit of the DMA, which requires genuine openness and fair access for developers. A ruling against Apple could lead to daily fines or an escalation in regulatory pressure, especially given the EU’s history of imposing hefty penalties on tech giants for similar violations.
Apple’s Strategic Pattern Repeats
Apple’s response follows a familiar pattern. When faced with regulatory crackdowns, the company often implements just enough change to avoid penalties while launching appeals or finding workarounds to protect its business model.
This strategy echoes its long-running battle over a €13 billion tax ruling in Ireland, which Apple and the Irish government have jointly appealed for years.
In this case, the company is complying on paper but defending its lucrative App Store ecosystem in practice. The App Store generated an estimated $85 billion in 2022, driven largely by its 15 to 30% commission structure. By introducing the new 5% fee, Apple is reinforcing the message that it expects to be compensated regardless of where or how digital purchases are made on its platform.
Europe’s Regulatory Challenge Deepens
The clash between Apple and the European Commission underscores the broader challenge of regulating digital platforms. While the DMA gives the EU stronger enforcement tools than most jurisdictions, platform companies can still design compliance frameworks that make it costly or complicated for developers to choose alternatives.
With Apple now under closer scrutiny, the outcome of this case may set a precedent for how Big Tech adapts to increasing regulation. For now, the company has avoided a major fine, but at the cost of intensifying its standoff with both regulators and the developer community.
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Filed under: News - @ June 27, 2025 8:28 pm