A Voice of Reason: European Publishers Council Submits Concrete Proposals to the EC for Strict Enforcement of DMA’s App Store Rules
By: Damien Geradin (The Platform Law Blog)
Yesterday, the European Publishers Council (EPC) published a press release announcing the submission of a comprehensive report to the European Commission (EC). The report (i) demonstrates how Apple and Google’s current implementation of app store provisions breaches the Digital Markets Act (DMA) and (ii) provides recommendations to ensure greater contestability and fairness in mobile ecosystems.
The app store-related provisions of the DMA are crucial for press publishers, as a significant number of people consume news online via iOS and Android apps distributed through the Apple App Store and Google Play Store. While press publishers are not the only content producers relying on these app stores, this press release—summarizing the report—offers what I believe to be the most advanced and well-considered approach to ensuring greater contestability and fairness in mobile ecosystems. It stands as a voice of reason amid the prevailing noise.
Instead of merely criticizing Apple and Google for their inadequate implementation of the DMA or urging the EC to take action (the EC is already engaged, albeit perhaps not comprehensively enough), this press release provides concrete solutions that balance the interests of various stakeholders within Apple and Google’s ecosystems. It does not address all issues, particularly those related to Article 6(4), but it tackles key matters such as steering (Article 5(4)) and FRAND (Article 6(12)). It also appropriately contextualizes the discussion, emphasizing that it is the responsibility of the designated app store gatekeepers (Apple and Google) to ensure their policies and fees comply with the DMA, not app developers or the EC.
Rather than paraphrasing the substantive part of this press release, I will reproduce it below and add comments highlighted in blue when necessary.
Featured News
EU’s Future Tech Chief Eyes AI Boost to Counter Global Rivals
Oct 23, 2024 by
CPI
UK Regulator Probes Carlsberg’s £3.3 Billion Britvic Deal Over Competition Concerns
Oct 23, 2024 by
CPI
NY Attorney General Probes Capital One’s $35B Discover Deal
Oct 23, 2024 by
CPI
SCOTUS Rules Against South Carolina Agency in Google Antitrust Case
Oct 23, 2024 by
CPI
Incoming EU Antitrust Chief Advocates Stronger Support for European Firms
Oct 23, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Refusal to Deal
Sep 27, 2024 by
CPI
Antitrust’s Refusal-to-Deal Doctrine: The Emperor Has No Clothes
Sep 27, 2024 by
Erik Hovenkamp
Why All Antitrust Claims are Refusal to Deal Claims and What that Means for Policy
Sep 27, 2024 by
Ramsi Woodcock
The Aspen Misadventure
Sep 27, 2024 by
Roger Blair & Holly P. Stidham
Refusal to Deal in Antitrust Law: Evolving Jurisprudence and Business Justifications in the Align Technology Case
Sep 27, 2024 by
Timothy Hsieh