European Commission Fines Apple and Meta for Breaching Digital Markets Act


The European Commission has today issued its first non-compliance decisions under the Digital Markets Act (DMA), fining Apple €500 million and Meta €200 million for violating obligations set out under the legislation.

Apple found in breach of anti-steering rules

The Commission concluded that Apple breached its anti-steering obligations, which require app store operators to allow developers to inform users of alternative purchasing options outside the platform — without restrictions. According to the findings, Apple imposed limitations that prevented developers from communicating cheaper or alternative offers directly to users, thus undermining consumer choice and competition.

European Commission statement:

“Apple fails to comply with this obligation. Due to a number of restrictions imposed by Apple, app developers cannot fully benefit from the advantages of alternative distribution channels outside the App Store,” the Commission stated in its official release.

It further ordered Apple to eliminate these restrictions and ensure such conduct is not repeated in the future.

In a separate development, the Commission decided to close its investigation into Apple’s user choice obligations, citing the company’s early and proactive steps toward compliance. However, the Commission also issued a preliminary view that Apple’s contract terms on alternative app distribution may also breach the DMA — a matter still under assessment.

Meta’s “Consent or Pay” model ruled non-compliant

The Commission also ruled against Meta for its advertising model, which forced EU users of Facebook and Instagram to either consent to personal data sharing or pay for an ad-free experience. This binary choice, introduced in March 2024, failed to offer a less intrusive but functionally equivalent alternative to users, violating the DMA’s requirements for fair data processing choices.

European Commission statement:

“Meta’s model did not allow users to exercise their right to freely consent to the combination of their personal data,” said the Commission, highlighting the lack of a genuine alternative for users who declined data tracking.

Although Meta introduced a revised ads model in November 2024 that allegedly limits data use, today’s decision pertains to the period between March and November 2024, when users had no meaningful choice.

Marketplace no longer designated under the DMA

In a separate ruling, the Commission accepted Meta’s request to remove the DMA designation from Facebook Marketplace. The platform reportedly had fewer than 10,000 business users in 2024, falling below the threshold for DMA obligations. The Commission acknowledged Meta’s additional enforcement efforts in limiting business-to-consumer activity on the platform.

Next steps

Both Apple and Meta must comply with the Commission’s decisions within 60 days or risk further financial penalties. The Commission noted it will continue engaging with both companies to ensure full compliance with the DMA.

Background

These decisions stem from investigations launched on 25 March 2024 into Apple’s App Store rules and Meta’s ad model. Apple and Meta were formally notified in June and July 2024 of the Commission’s preliminary findings. Under the DMA, the Commission may fine companies up to 10% of their global annual turnover for non-compliance.

For further details and ongoing updates, visit the European Commission’s website.