The European Commission imposed its first sanctions under Digital Markets Act (DMA). Two American giants are concerned: Applesentenced to 500 million euros for its restrictive practices on the App Store, and Metasanctioned up to 200 million euros For his advertising model says “Consent or pay”. Two separate decisions but the same message: digital giants must now comply with strict European rules which aim to restore a balance between users, developers and platforms.
Apple: The end of an enclosed garden
The main grievance brought against Apple concerns the ban on developers to freely inform users of available offers outside the App Store, a practice known as “Anti-Steering”. However, according to the DMA, developers must be able to “Inform users, free of charge, alternative offers outside the platform, and guide them”.
The Commission noted that The restrictions imposed by Apple – techniques as contractual – prevented this freedom. The developers remain dependent on the App Store, with no effective possibility of offering competing solutions to users. These, for their part, do not have access to potentially cheaper offers.
“Apple prevents application developers from fully benefiting from alternative distribution channels (…) and does not allow consumers to take advantage of alternative and cheaper offers,” said the commission, adding that the firm “Did not demonstrate that these restrictions were objectively necessary and proportionate”.
The company is summoned to Remove these limitations within 60 days. In the event of non-compliance, Daily financial penalty could be imposed.
Meta: consent does not pay
On the Meta side, the commission looked at the advertising model set up in March 2024 for Facebook and Instagram in the European Union. This model, presented as a choice, obliged users to consent to the combination of their personal data to benefit from a free service, or pay a monthly subscription To access platforms without personalized advertising.
This device is incompatible with the spirit and letter of the DMA, which requires that users can refuse the intensive use of their data without losing access to an equivalent service. Meta’s model was tried Too binary, binding, and devoid of real free alternative.
“The ‘consent or pay’ model does not comply with the DMA, because it did not offer users the required choice of service using less of their personal data, but remaining equivalent to the service with personalized advertising,” specifies the Commission.
In November 2024, Meta tried to correct the shot with a new version of her advertising model, supposed to use less data. This system is still under studybut the non-compliance decision rendered today relates to the period of March to November 2024during which only the binary option was available.
A turning point in European digital regulation
These sanctions illustrate the rise of the DMA as a regulation tool monopolistic practices. They also mark a change of approachmore direct and punitive than long usual antitrust procedures. The text allows the commission to impose fines up to 10 % of global turnover Companies concerned.
“Digital Markets Act is a crucial instrument to guarantee questionable and fair digital markets. It protects European consumers and restores fair competition conditions, ”said Teresa Riberaexecutive vice-president for the just and competitive transition.
Henna virkkunenvice-president for technological sovereignty and democracy, added: “The decisions adopted today note that Apple and Meta have deprived their users of this free choice, and they are required to modify their behavior. »»
Towards a redefinition of the dominant models?
Behind these sanctions are taking shape deep transformations of economic models digital platforms. For Apple, it is a question of rethinking a strategy founded for years on the end -to -end control of its ecosystem. For Meta, it’s the Monetization by personal data which is questioned.
The symbolic significance is strong: the European Union is positioned as Pioneer of proactive regulationwhere protection of choice, privacy and competition prevails over the logics of rent. Apple and Meta, summoned to adapt, probably inaugurate a new case law. The other “gatekeepers” (Google, Amazon, Microsoft, Bytedance …) are already warned.
Apple challenges a decision that “unjustly targets it” and forces it to “give” its technology for free “. Meta denounces a two -speed policy promoting European and Chinese companies. In Washington, the White House describes these sanctions as “New form of economic extortion”and accuses the EU of erecting commercial barriers disguised under the cover of digital regulation.
