The European Commission has started two specification proceedings to assist Apple in complying with its interoperability obligations under the Digital Markets Act (‘DMA’). „Under the DMA, Apple must provide free and effective interoperability to third party developers and businesses with hardware and software features controlled by Apple’s operating systems iOS and iPadOS, designated under the DMA.” – according to the press release.
The specification proceedings formalise the Commission’s regulatory dialogue with Apple on certain specific areas of Apple’s compliance with Article 6(7) DMA. Pursuant to Article 8(2) of the DMA, the Commission may, on its own initiative, adopt a decision specifying the measures a gatekeeper has to implement to ensure effective compliance with substantive DMA obligations, such as the interoperability obligation of Article 6(7) DMA.
The first proceeding focuses on several iOS connectivity features and functionalities, predominantly used for and by connected devices. Connected devices are a varied, large and commercially important group of products, including smartwatches, headphones and virtual reality headsets. Companies offering these products depend on effective interoperability with smartphones and their operating systems, such as iOS. The Commission intends to specify how Apple will provide effective interoperability with functionalities such as notifications, device pairing and connectivity.
The second proceeding focuses on the process Apple has set up to address interoperability requests submitted by developers and third parties for iOS and IPadOS. It is crucial that the request process is transparent, timely, and fair so that all developers have an effective and predictable path to interoperability and are enabled to innovate.
„Today is the first time we use specification proceedings under the DMA to guide Apple towards effective compliance with its interoperability obligations through constructive dialogue. We are focused on ensuring fair and open digital markets. Effective interoperability, for example with smartphones and their operating systems, plays an important role in this. This process will provide clarity for developers, third parties and Apple. We will continue our dialogue with Apple and consult third parties to ensure that the proposed measures work in practice and meet the needs of businesses.” – said Margrethe Vestager – Executive Vice-President in charge of competition policy.
Next steps
The Commission will concludethe proceedings within 6 months from their opening. In the course of these proceedings, the Commission will communicate its preliminary findings to Apple, where it will explain the measures the gatekeeper should take to effectively comply with the interoperability obligation of the DMA. A non-confidential summary of the preliminary findings and envisaged measures will be published to enable third parties to provide comments.
These proceedings are without prejudice to the powers of the Commission to adopt a decision establishing non-compliance with any of the obligations laid down in the DMA by a gatekeeper, including the possibility to impose fines or periodic penalty payments.
Background
The DMA aims to ensure contestable and fair markets in the digital sector. It regulates gatekeepers, which are large digital platforms that provide an important gateway between business users and consumers, whose position can grant them the power to create a bottleneck in the digital economy.
On 6 September 2023, the Commission designated Apple’s online intermediation service App Store, Apple’s operating system iOS, and Apple’s web browser Safari as core platform services. On 29 April 2024, the Commission adopted a decision designating Apple’s iPadOS, the operating system for tablets, as a core platform service under the DMA. Apple had to fully comply with all DMA obligations for its operating system iOS by 7 March 2024, while the iPadOS has to be compliant by 30 October 2024.
The Commission has published an annual report on the implementation of the DMA and the progress made towards achieving its objectives.
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