The EC has imposed the first fines under the DMA, showing its readiness to enforce its new digital rulebook regardless of political criticism
The EC has issued its first fines under the DMA against Apple and Meta
On 23 April 2025, the EC found that Apple and Meta had breached their obligations under the Digital Markets Act (DMA) and imposed fines of €500m (£425.7m) and €200m (£170.2m), respectively. Teresa Ribera (EVP for Clean, Just and Competitive Transition, EC) stated that the two firms had fallen short of their DMA obligations by “implementing measures that reinforce the dependence of business users and consumers on their platforms”. Apple and Meta now have 60 days to comply with the EC’s decisions, risking periodic penalty payments if they fail to do so. Ribera called the fines “fair and balanced enforcement action” that was based on “clear and predictable rules”. Alongside these decisions, the EC also closed its DMA investigation into Apple’s user-choice obligations, issued its preliminary findings that Apple’s fee structure for alternative app stores is in violation of the DMA and decided that Facebook Marketplace should no longer be designated as a core platform service.
Apple failed to comply with its anti-steering obligations but the EC has closed its further investigation into its user-choice obligations
The EC found that Apple failed to comply with its anti-steering obligation under the DMA because of how it restricted developers that distributed apps via the Apple App Store from informing customers of alternative offers elsewhere. Alongside the fine, the EC published preliminary findings in its investigation into the firm’s fee structure for alternative app stores, finding that Apple is non-compliant with other provisions of the DMA. The EC has taken the view that the conditions imposed on app and app store developers, such as Apple’s Core Technology Fee (set at €0.50 (£0.42) per installed app and paid by developers and third-party apps stores), have disincentivised developers from using alternative app distribution channels. Despite these decisions, there was a reprieve for Apple, as the EC closed its investigation into Apple’s user-choice obligations (which allow users to choose their default browser and to uninstall any pre-installed software applications). The EC cited early and proactive engagement by Apple on a compliance solution as the main reason behind the investigation’s closure.
Meta was fined for failing to provide an accessible option that allows users to choose a service which uses less of their personal data
Meta’s fine is based on its non-compliance with the DMA obligation to give consumers the choice of a service that uses less of their personal data. Meta’s binary “pay or consent” model for its ad-free subscription was deemed to breach this obligation as the EC did not find its paid option to be an accessible alternative for users. The EC’s decision is based only on the March – November 2024 period in which the “pay or consent” model was offered to end users in the EU, resulting in a smaller monetary fine given the more limited time frame of the conduct. Similarly to Apple, there was a small silver lining to the fine for Meta as the EC separately found that Facebook Marketplace should no longer be designated as a core platform service under the DMA. This decision followed Meta’s appeal against the designation, which also included an appeal against the designation of the Facebook Messenger service.
The EC has held firm in its pursuit of DMA enforcement in the context of political pressure from the US
The imposition of these fines is a clear signal that the EC is prepared to enforce its digital markets regulation despite potential backlash from the US Government, which has warned against such action. Henna Virkkunen (EVP for Tech Sovereignty, Security and Democracy, EC) has argued that the EU has a “duty to protect the rights of citizens and businesses in Europe”, highlighting the motivations behind regulations such as the DMA, which the Trump Administration considers only exist to “target” US tech firms. Similar action to rein in the anticompetitive conduct of tech firms has also been taken in the US, however, with recent US District Court rulings that Google holds illegal monopolies in general search and online advertising markets. These rulings coordinate with the EC’s recent announcement of its preliminary findings in its investigation into Google Search and the Google Play app store, finding that these services are both in violation of the DMA. Continued antitrust enforcement against big tech firms in the US, in spite of the largely pro-big tech Trump Administration, could also further encourage EU investigations amidst ongoing trade uncertainty.
