EU industry chief Thierry Breton has expressed concerns over the actions of large online platforms, particularly Apple, cautioning against tactics that may hinder developers. The focus of Breton's attention lies in Apple's decision to terminate Epic Games' new developer account in Sweden, which aimed at reinstating Fortnite and other games on iPhones in Europe through its proprietary game store.
This move by Apple comes amid a protracted legal battle with Epic Games, citing breaches of contract. Epic Games had been seeking to leverage new EU regulations, particularly the Digital Markets Act (DMA), which came into effect recently and requires Apple to allow competitors access to its closed ecosystem.
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Breton, criticising Apple's actions, emphasised the importance of fair play under the DMA regulations. He took to social media to express his concerns, stating, "Under the #DMA, there is no room for threats by gatekeepers to silence developers. I have asked our services to look into Apple's termination of Epic's developer account as a matter of priority."
The European Commission has also stepped in, requesting Apple to clarify its actions under the DMA. Additionally, the Commission will assess whether Apple's actions comply with other pertinent regulations, such as the Digital Services Act (DSA) and the Platform to Business Regulation (P2B), given the significant influence of Apple's App Store as a Very Large Online Platform (VLOP).
Regulations under the DSA and P2B emphasise the importance of proportionate actions and transparency in dealings with business users. However, Apple defended its decision, citing Epic's contractual breaches and asserting its right to terminate Epic Games' developer account.
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"Epic's egregious breach of its contractual obligations to Apple led courts to determine that Apple has the right to terminate 'any or all of Epic Games' wholly owned subsidiaries, affiliates, and/or other entities under Epic Games' control at any time and at Apple's sole discretion," stated an Apple spokesperson.
In response, Epic Games argued that Apple's actions were aimed at eliminating competition, highlighting the significance of its potential as a competitor to the Apple App Store. The ongoing dispute underscores the complexities surrounding competition and regulation in the digital marketplace.