Developer groups say Apple’s new EU App Store terms still fail the DMA

Apple’s revised App Store business terms in the European Union are facing opposition from a coalition of app developers, game industry groups, publishers and consumer organizations, which argues that the new fee structure still fails to comply with the Digital Markets Act (DMA).

In an open letter addressed to European Commission President Ursula von der Leyen and Executive Vice-Presidents Teresa Ribera and Henna Virkkunen, the signatories criticized what they described as the Commission’s apparent endorsement of Apple’s latest EU terms without consultation with affected businesses and consumers.

The letter was coordinated by the Coalition for App Fairness and signed by 17 organizations, including the European Games Developer Federation, European Publishers Council, European Tech Alliance, France Digitale, News Media Europe, Euroconsumers and Uptodown.

At the center of the dispute are the changes Apple announced on August 18. The company replaced its Core Technology Fee with a new commission-based framework and revised the fees applying to purchases made outside its own payment system and App Store.

One of the coalition’s main objections concerns Apple’s 15% fee on qualifying purchases made after users follow an external link from an App Store app. Under the new structure, the commission applies to eligible transactions completed within seven days of the link tap.

The groups argue that this conflicts with Article 5(4) of the DMA, which requires gatekeepers to allow developers to communicate and promote offers to users and conclude contracts with them free of charge. They point to the European Commission’s April 2025 decision against Apple, which resulted in a €500 million fine and stated that steering and transactions resulting from steering must be free.

The signatories acknowledge that the Commission has previously recognized that Apple may, in principle, receive remuneration for facilitating the initial acquisition of a customer. However, they argue that a 15% commission does not meet that standard even when limited to purchases within a seven-day attribution window.

Alternative app distribution is another major point of contention.

Apple’s August changes replaced the Core Technology Fee with a 5% Core Technology Commission on transactions involving apps distributed outside the App Store, including through alternative marketplaces and web distribution.

The coalition argues that replacing a per-install fee with a transaction-based commission does not solve the underlying competitive issue. According to the letter, imposing a continuing cost on developers and alternative marketplaces could prevent competing distribution channels from reaching sufficient scale to challenge the App Store.

The groups summarized their position by arguing that while Apple’s terms have changed, “the economic effect has not.” They contend that developers may either have to absorb the fees, pass them on to consumers through higher prices or decide against using alternative distribution channels altogether.

The dispute is particularly relevant to mobile game developers, which have been among the companies affected by changes to app store distribution and payment policies. The European Games Developer Federation is among the organizations backing the letter, adding the European games industry’s voice to the continuing regulatory debate over Apple’s App Store rules.

The signatories also challenge the justification for fees associated with alternative distribution. The letter points to Windows and Linux as examples of platforms that do not impose platform or distribution fees on developers distributing software independently.

Financial terms are not the coalition’s only concern. Developers distributing outside the App Store remain subject to Apple requirements including developer registration, app review and contractual conditions. The groups argue that these requirements allow Apple to retain a gatekeeping role even when apps are distributed through competing channels.

The letter also questions how the European Commission has handled Apple’s latest changes. The signatories say the Commission’s apparent acceptance of the new framework has so far been communicated through informal public statements rather than a formal decision explaining whether Apple’s previously identified non-compliance has been resolved.

According to the coalition, that leaves developers and other affected businesses uncertain about whether the April 2025 proceedings have concluded, whether proceedings concerning alternative distribution remain active and on what basis the situation may be reviewed.

The organizations are asking the Commission to consult affected parties, clarify the status of its proceedings and issue a formal, reasoned conclusion that would allow businesses to establish their legal position and evaluate potential further action.

The letter also draws a comparison with Apple’s ongoing legal battle in the United States. The signatories note that terms resembling the EU framework have been presented by Apple to a U.S. court, where the company is currently subject to an order not to charge fees, and courts including the Supreme Court have declined to stay the injunction.

Apple’s August overhaul represented a significant revision to its European App Store model, replacing the Core Technology Fee and changing the economics surrounding external purchases and alternative distribution. The latest opposition indicates that the changes have not ended the dispute over whether developers can realistically use those alternatives on competitive terms.

Written by Maya Robertson

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