DMA: Litigation against Apple

Apple’s unbalanced power is a threat to Free Software

Apple is one of the largest tech companies in the world. Its unbalanced power spans key aspects of software and devices, profoundly distorting digital markets. Apple’s dominance negatively affects not only competition with and among other companies, but software freedom, open internet and ultimately digital democracy.

The Digital Markets Act (DMA) is the European Union’s regulatory response to such corporate power. The law applies to very large companies exercising “gatekeeper control” in the EU. The DMA imposes on such companies several obligations, like allowing the right to install and uninstall software in devices, prohibition of non-removable pre-installed software, enabling third-party app stores and access rights via interoperability with software and hardware functions.

In September 2023, the European Commission designated Apple as a “gatekeeper” under the DMA. With that, the law began to apply to Apple’s operating system, app store and browser. However, Apple has taken an aggressive position against the DMA, starting litigation against the European Commission in November 2023.

Due to the high risks against Software Freedom involved in this case, in February 2024, the FSFE decided to intervene to hold Apple accountable under the DMA in a developer-friendly way. Dr. Martin Husovec, a lawyer with extensive experience in strategic litigation for non-profits, is representing the FSFE before the court.

Safeguarding the interests of Free Software developers and users

Apple, in this case (T-1080/23), is trying to dodge the DMA rules over its app store and interoperability of its operating system. The company’s narrow interpretation of the DMA frames these obligations as disproportionate in relation to its commercial and economic interests.

The FSFE is countering this position by proving that Apple is being regulated in the light of public interest. We assert that Apple should compete on trustworthiness. Developers and users should benefit from alternative services and products, not just those offered by Apple. For reasons of fair competition, cybersecurity and consumer protection, we urge that the case be dismissed completely.

Here is how your rights will be affected by this litigation if the FSFE is successful:

Read our court submission

Help us win this legal struggle for Software Freedom!

This case is a pivotal moment in the struggle for Software Freedom. Apple has billions of dollars to hinder proper implementation of the DMA. We say no to restricting the rights and freedoms of Free Software developers and users! We are the only civil society organisation taking action in this case. Our victory depends on your financial support. We face this risky challenge with courage and determination. Donate to our cause today!

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Timeline of the case

• September 2023 - Apple is designated by the European Commission as a gatekeeper under the DMA
• November 2023 - Apple appeals the designation decision to the Court of Justice of the European Union (CJEU).
• February 2024 - The FSFE requests to intervene.
• August 2024 - The CJEU allows the FSFE to intervene in the case.
• September 2024 - The FSFE submits its arguments to the CJEU.