Brussels is definitely not letting anything go. Invigorated by its victory on the subject of USB-C, and more recently on the question of third-party application stores, the European Union feels more powerful than ever and it wants to bring down the GAFAM one by one, even if They are worth billions of dollars.
So after attacking Apple’s tax methods and its anti-competitive policy, Europe decided to strike on a new front, never before opened, that of georestrictions. Indeed, since the European Union went on the offensive against Apple, the Apple brand is defending itself as best it can, and its latest attempt was not to launch its flagship functionality, Apple Intelligence, in Europe.
The Cupertino company explained that it did not want to hinder European laws. Since Apple Intelligence is in a gray area of the legislation, the functionality could have been punished with a record fine, a risk that Apple did not want to take. Instead, the Apple brand has decided to simply not launch Apple Intelligence in Europe.
A decision which did not please the European Commission at all. If the new procedure launched by Brussels does not directly address the question of Apple Intelligence, which is very complicated to deal with, it is still the theme of georestrictions which is on the table.
Apple is attacked on 3 distinct points
Apple is notably accused of blocking European users based on their country of connection. So services like the App Store, Apple Arcade, Apple Music, Apple Books, Apple Podcasts and the iTunes Store would pose a problem. The Commission explains that users have an interface on these services that differs from one country to another, and it is very difficult to change country to have access to all the possibilities offered by Apple.
The other problem raised by the European Commission is the question of purchasing. When a user makes a purchase, they can only use payment methods issued in the country in which they are registered. Finally, the georestrictions of certain applications prevent European users from downloading applications that are blocked in their territory.
A common but illegal practice
If Apple’s activities listed above do not seem abnormal to us, it is because these georestrictions have existed for years, and have never been called into question. However, European laws are very clear. It is prohibited to “discriminate against EU customers based on their place of residence”.
So a German, French or Spanish user must have access to the same services and the same applications. Apple now has one month to respond to the formal notice issued by the Commission. Depending on this feedback, negotiations will begin between Apple and Brussels, to find common ground on this subject.
The Cupertino company could also decide to play deaf, not caring about the Commission’s warning. Apple would then suffer yet another fine. However, it is unlikely that Apple will refuse to work with Brussels on this subject. Last year, Google had taken a step towards Europe by reviewing its policy of georestrictions on the old continent.
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