On Wednesday (23 April), the European Commission sent a strong message to Big Tech companies by announcing significant fines for Apple and Meta due to their non-compliance with the EU’s Digital Markets Act. The European Commission fined Apple €500 million and Meta €200 million, asserting that both giants have stifled competition and limited consumer choice through their operational practices. This decisive action marks the first instance of non-compliance fines issued under the DMA, signalling a new era of stricter digital enforcement within the EU.
Apple’s App Store under review
Under the DMA, app developers must be allowed to inform users about alternative offers outside a platform, guide them to those offers and enable purchases without undue restriction. The Commission found that Apple’s App Store rules prevent developers from effectively steering customers to lower-cost or alternative distribution channels. By imposing technical and contractual barriers, Apple effectively stops developers from telling users about cheaper options elsewhere—undermining both developer freedom and consumer choice. “These restrictions are neither objectively necessary nor proportionate,” the Commission noted, ordering Apple to remove the offending clauses within 60 days or face daily penalty payments.
Meta’s “Consent or Pay” model fails the DMA test
The Commission raised concerns about Meta’s “consent or pay” model, which was introduced in November 2023. This model offered EU users a binary choice: either agree to have their data combined for personalised advertising or pay a monthly subscription for an ad-free experience. The Commission determined that this approach did not provide users with a meaningful option for a less personalised and comparable service.
It concluded that neither choice constituted a genuine, less personalised alternative and that the setup undermined the users’ ability to give free and informed consent over their data. While Meta introduced a revised model in November 2024, offering an alternative that purportedly uses fewer personal data for ads, today’s decision is limited to the period between March and November 2024 when the “consent or pay” model was the only option presented to users. Furthermore, following a reassessment of its business user numbers, the Commission decided that Meta’s Facebook Marketplace would no longer qualify as a gatekeeper under the DMA.
Commission’s statements
Teresa Ribera, the Commission’s Executive Vice-President for Clean, Just, and Competitive Transition, stated, “These are decisions that are not taken with passion but with seriousness and evidence. It’s law enforcement.” Moreover, Henna Virkkunen Executive Vice-President for Tech Sovereignty affirmed: “Enabling free business and consumer choice is at the core of the rules laid down in the Digital Markets Act.”
Consequences
The Commission has made it clear that it will continue to engage with both companies to ensure complete adherence to the DMA. Besides, both companies have already signalled their intention to appeal, prolonging legal uncertainty.
Furthermore, these landmark decisions underscore the EU’s commitment to fostering a more competitive and fairer digital landscape. Nonetheless, these fines deepen a growing transatlantic standoff over digital regulation. They stress that EU law will be enforced regardless of U.S. pressure or tariff threats, and heighten political tensions while the 90-day tariff pause continues. Finally, they also indicate that the EU will not compromise its Digital Markets Act under any external pressure.
