The European Commission has announced the closure of its investigation into Apple Pay after reaching a settlement with Apple. The Commission confirmed that the measures implemented by Apple as part of this settlement should be regarded both as compliance with the Digital Markets Act (DMA) and as a remedy in the antitrust case.
CCIA Europe, an association representing technology companies, welcomed the announcement. The organization has previously emphasized the importance of clear processes and highlighted tensions between the DMA and other regulations, including antitrust enforcement.
Today's decision is seen as setting a positive precedent for ensuring coherence between antitrust cases and the DMA. It underscores that companies should not face different solutions for identical issues under both frameworks, thus promoting fairness and efficiency.
Daniel Friedlaender, Senior Vice President of CCIA Europe, stated: "We welcome the European Commission’s push for coherence between antitrust cases and the DMA, which shows that competition concerns can be resolved despite attempts at politicisation."
Friedlaender added: "The Commission is clear; it stressed that today’s decision concerns business practices that are covered by the DMA. The outcome of this settlement is therefore important as it points to a clear alignment between the two frameworks."
He further emphasized: "For the sake of legal certainty, the Commission must ensure all competition cases are handled in synergy with the DMA process. The outcomes of a settlement should be taken into account in DMA-related discussions to avoid any double jeopardy."
Friedlaender concluded: "Future parallel enforcement of the DMA and competition law must be coordinated to ensure that companies are not penalised twice for the same potential infraction."
