The European Commission has initiated five investigations pertaining to potential violations of the Digital Markets Act (DMA). The companies under scrutiny are Alphabet, Google's parent company, Apple, and Meta.
According to a commission press release, the proceedings against Alphabet involve allegations of non-compliance with the company's rules on steering in Google Play and self-preferencing on Google Search. The investigations into Apple focus on the company's rules regarding steering in the App Store and the choice screen for Safari. The proceedings against Meta concern the company’s "pay or consent model."
The press release further explains that the investigations into Alphabet's and Apple's steering rules are related to potential violations of DMA Article 5(4). This article mandates gatekeepers to allow app developers to direct consumers to offers outside of their app stores free of charge. Additionally, Alphabet is being investigated for alleged self-preferencing conduct in its vertical search services such as Google Shopping, Google Flights, and Google Hotels. This is in relation to DMA Article 6(5), which requires third-party services to be treated fairly and without discrimination when compared to Alphabet’s services.
In relation to Apple, Vestager expressed concerns about the design of the company's web browser choice screen potentially preventing users from genuinely exercising their choice of services within the Apple ecosystem. This could be a violation of DMA Article 6(3). Lastly, Meta’s new "pay or consent" model for users will be examined for potential noncompliance with DMA Article 5(2).
"These decisions to open non-compliance investigations come only two weeks after the implementation deadline has passed and show that DMA compliance is something that we take very seriously," said Margrethe Vestager, executive vice-president of the European Commission EU fit for Digital Age and Commissioner for Competition. She added: "This does not mean that we endorse all other measures implemented by gatekeepers which are not (or not yet) subject to investigation. We will continue to use all available tools should any gatekeeper try to circumvent or undermine the obligations of the DMA."
The press release also noted that the commission has authorized further investigatory steps related to Apple's new fee scheme for alternative app stores and Amazon's ranking of its own products in its marketplace.
