The Dutch antitrust watchdog on Monday fined apple Apple 5 million euros ($5.72 million) for a third time for failing to allow software application makers in the Netherlands to use non-Apple payment methods for dating apps listed in the company’s App Store.
The Authority for Consumers and Markets (ACM) has been levying weekly fines of 5 million euros on Apple since the company missed a Jan. 15 deadline to make changes ordered by the watchdog…
Apple on Jan. 15 first asserted it had complied with the Dutch regulator’s December order , which covers only dating apps like Match Group’s Tinder. But the regulator responded that Apple hadn’t actually yet made the changes – it had just indicated it would.
Apple said it would still charge a 27% commission on the in-app payments it does not process, only slightly below the 30% it currently charges. The company asserted that was “consistent with the ACM order”.
A spokesperson for the ACM said the agency could not comment beyond its public statements on whether a 27% commission would be consistent with its order.
MacDailyNews Take: Apple does not have a smartphone hardware or mobile operating system monopoly in The Netherlands (or anywhere else), so the company cannot be abusing a monopoly. Apple does not have a dominant market position in The Netherlands. And, so, the ACM’s action is lacks foundation.
Mobile Operating System Market Share in The Netherlands (January 2022, Statcounter):
• Android: 57.11%
• iOS: 42.18%
Apple’s support document “Distributing dating apps in the Netherlands” is available here.
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