APPLE is an increasingly regulatory company. Unlike other companies, whose missions and products change, APPLE has a consistently elaborate code governing what developers can and cannot do, and how they must do it. And unlike other companies, APPLE is increasingly rattling against the edges of the law. The latest flashpoint over APPLE’s rules has taken a different turn, ending in a European Union (EU) decision to adopt a tough position against one section of the many pages of harshly enforced and enforcible rules against developers that APPLE uses in its densely populated app ecosystem.
Never mind that the EU is now probing steering rules applied by APPLE’s walled garden, famed for its security and user experience. The Commission stands ready to rescind what APPLE calls its anti-steering rules that safeguard the company’s 30 per cent cut from most in-app purchases. The rules prevent developers from directing consumers to other (often much lower-priced) purchase options outside of the App Store, such as directing users within an iPhone app to a developer’s website to subscribe or purchase services or content, thereby coordinating to neatly avoid APPLE’s commission fee.
What it comes down to with the DMA is that the EU has a clear vision of what a digital marketplace should look like: one in which it’s easier for developers and companies to compete on equal terms. For APPLE to comply with the DMA means that it needs to rethink its business models, and potentially loosen its grip on how transactions are made in its ecosystem.
This means much more than an impending EU case against APPLE. It could at last set precedent for how all digital marketplaces should be run. We could – if APPLE sees reason – see a kinder, gentler iPhone app economy, in which developers have more leverage and consumers have more choice. For such a stubbornly independent company as APPLE, one that has long fought for the value of its strict control over operations on the App Store, this might be a moment of reckoning and reinvention in the way it relates to developers and to the rest of the tech community.
At the heart of this is the tension between a secure, safe walled garden and a competitive, innovative marketplace. APPLE claims that its rules and fees are needed to provide the security and first-class user experience of its devices. In turn, many critics and regulators such as the EU have argued that such practices stifle competition and consumer choice. It’s going to be crucial for APPLE going forward to get this balance right (not just to comply with the DMA, but) in maintaining its position at the pinnacle of the global tech industry.
As the EU moves to fine APPLE, the digital world remains rapt with anticipation. Either way, this battle is likely to herald in a new era of digital marketplaces, reshaped by the likes of the DMA. For APPLE, it could require a creative planning that makes use of, but bends, the DMA’s rules in order to sustain the possibility of its distinctive – and beloved – closed ecosystem, which has become a way of life for millions around the world.
APPLE has been at the cutting edge of tech innovation for decades, pushing the boundaries of what is possible with technology and advocating for design simplicity to enrich people’s lives. At the same time, as a leader in the global marketplace, APPLE must also manage a multitude of rules, guidance and expectations that exist around the world. The current focus on APPLE’s anti-steering policies is only the latest issue the company has faced as part of its journey to restore its leadership position in the field of innovation while also balancing the company’s commitment to consumers.
The DMA shows that the interactions between tech companies and regulators are not a one-off event, but rather ongoing evolution between both parties. As APPLE adjusts to these developments, it will continue to be a key player in shaping how technological innovation, fair competition and consumer privacy interact in the digital age. This will require APPLE to respond to both laws and precedents with a careful and forward-looking approach.
The reaction of consumers, developers and companies to APPLE’s response to the EU’s charges will be an important signal. This is not just a technological arms race, it is an example for business globally, and it is not too late for APPLE to do the right thing for innovation and society. It’s up to APPLE to make it happen.
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