The European Commission recently published the preliminary findings of its investigation into Apple over App Store rules. In addition, in the same statement, the European institution announced that it started a new launch to determine whether the iOS launch was made in accordance with the standards set by the DMA.

What the European Commission discovered. First of all, the agency notes that the App Store conditions do not allow developers to “freely guide their customers”, but they “cannot provide pricing information within the app or communicate with their customers in any other way to promote offers available on alternative distribution channels”.

The commission states that Apple only allows referrals through links, but that this process is subject to “several restrictions” and also that the collection of commissions “goes beyond what is strictly necessary.” Apple receives a commission for facilitating a customer’s initial acquisition through the App Store. So if a user downloads the app from the App Store but makes the purchase through an external exit link, the company charges a commission for facilitating the transaction.

Preliminary results. This is what the Commission published today, having already given its opinion to Apple. It is now the company’s responsibility to defend itself and respond to the consequences. If these results are confirmed, Apple will not have complied with the DMA. However, this investigation does not prejudge the outcome, and in any case, it is now Apple’s turn to make a move. It’s a process that will probably take a long time. As Margrethe Vestager puts it:

“Our initial position is that Apple doesn’t fully allow targeting. Targeting is key to ensuring app developers are less reliant on gatekeepers in app stores and consumers are aware of better deals.”

new research. As if that were not enough, the European Commission has opened a third investigation against Apple regarding the new contract terms for developers. Let’s remember that Apple was forced to accept third-party stores and alternative distribution methods, and now the Commission wants to investigate whether the measures taken are legal. According to the European Competition Commissioner:

“We have also filed a lawsuit against Apple regarding the so-called core technology fee and various rules that allow third-party app stores and sideloading. The developer community and consumers are eager to provide alternatives to the App Store, and we will investigate to ensure this. “Apple is not undermining these efforts.”

Setapp, one of the first alternative iOS stores | Image: Xataka

three columns. The commission’s investigation will be based on three main pillars: the Basic Technology Fee, the process of downloading and installing third-party stores and apps, and eligibility conditions for developers.

Although Apple is forced to support third-party stores, developers of those stores and those who launch their apps on those stores have to pay 50 cents for each app installed over one million installs (with some exceptions). According to Apple, this fee reflects the value developers derive from the company’s tools and platform. The Commission wishes to investigate whether these new conditions comply with the DMA.

On the other hand, the legality of the installation process of third-party applications will also be investigated. As we mentioned in Xataka, the process is extremely long and tedious, it includes several steps. This is a process that seems designed to deter the user, and in fact the Commission will investigate not only the process itself, but also the information displayed on the screen during the process.

How to install third-party stores on iPhone | Caught by: Xataka

The process of installing an app from a third-party store | Caught: Xataka

The third pillar is developers’ eligibility to offer third-party app stores on iPhones and distribute apps via the web. One of these requirements is being a “member in good standing” of the Apple Developer Program for two consecutive years or more and having an app that has received more than one million first-time installs per year on iOS in the EU in the previous calendar year.

And there is more. And as if that weren’t enough, the European Commission will continue to “conduct preliminary investigations” into Apple’s “checks and reviews” of third-party apps and stores, independent of this third investigation. While Apple doesn’t analyze third-party apps like it does on the App Store, it does conduct a notarization process to verify that an app meets certain minimums.

Apple’s positionWe contacted Cupertino company Xataka to get their answer. As stated by the company:

“Over the past few months, Apple has made a number of changes to comply with the Digital Markets Act (DMA) in response to feedback from developers and the European Commission. We are confident that our plan is compliant with the law and predict that there will be more than 99% of developers.” More will pay Apple the same or less under the new commercial terms we have created. All developers doing business on the App Store in the EU have the opportunity to use the capabilities we have created to encourage app users to complete their purchases at very competitive prices. Through the ability to redirect to the website, we will continue to listen and communicate with the European Commission.

Pictures | Xataka

On Xataka | The first great alternative to the App Store is here: We tested Setapp on iOS and this is how it works