Apple is arguing that the European Union’s Digital Markets Act (DMA) oversteps its authority and infringes on the company’s fundamental rights. As reported by Bloomberg, Apple’s lawyer Daniel Beard told the EU’s General Court in Luxembourg that the DMA “imposes hugely onerous and intrusive burdens” that conflict with Apple’s legitimate interests in the European marketplace.
The DMA, enacted in 2023, aims to rein in the dominance of tech giants by enforcing strict interoperability and fair competition requirements. But Apple — often at the center of antitrust scrutiny — has positioned itself as the law’s most defiant challenger.
Apple’s legal challenge targets three key aspects of the EU’s enforcement of the DMA:
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Interoperability: Apple argues that forcing the iPhone to work seamlessly with rival hardware — such as third-party earbuds and smartwatches — could undermine privacy, security, and intellectual property protections.
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App Store: The company contends that the App Store shouldn’t be considered a single “core platform service” under the DMA’s definition. This classification led to a €500 million fine earlier this year for alleged violations — a decision Apple is contesting separately.
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iMessage: Apple also challenges the EU’s attempt to consider iMessage under the DMA’s scope, arguing that the messaging app does not directly generate revenue and should therefore be excluded.
“The DMA imposes obligations that ignore the protection of property rights and issues of privacy and security, which are vital to EU citizens,” Beard emphasized during the hearing.
Representing the European Commission, lawyer Paul-John Loewenthal countered that Apple’s argument overlooks the company’s tight control over its ecosystem. “Only Apple has the keys to that walled garden,” Loewenthal said. “It decides who gets in and who can offer their products and services to iPhone users.”
He further argued that Apple’s “absolute control” has enabled it to generate “supernormal profits” in adjacent markets where rivals struggle to compete on equal terms. According to Loewenthal, Apple’s grip effectively “locks in more than a third of European smartphone users.”
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