Netherlands Authority for Consumers and Markets

Apple fined €5 million for non-compliance of Dutch antitrust order

Dutch watchdog said Apple has failed to satisfy the requirements on several points

The Dutch consumer watchdog has fined Apple €5 million for failing to make necessary changes in its App Store policies regarding payment systems for dating app providers.

Last week, Apple made updates to its app store policies in response to an earlier order by the Netherlands Authority for Consumers and Markets (ACM) but the watchdog found it to be unsatisfactory.

Apple has failed to satisfy the requirements set by the Netherlands Authority for Consumers and Markets (ACM) regarding payment systems for dating-app providers. ACM has come to this conclusion following an investigation into Apple’s statements of January 15, 2022.

This means that Apple now has to pay ACM the first penalty payment of 5 million euros.

Apple must adjust its conditions for access to the Dutch App Store for dating-app providers. In the App Store, dating-app providers must also be able to use payment systems other than Apple’s payment system. In addition, dating-app providers must have the ability to refer to payment systems outside of the app.

This had been laid down in an order subject to periodic penalty payments that ACM imposed on Apple in August 2021. On December 24, 2021, the court ruled that this part of the order could be published.

ACM informed Apple that if it fails to adhere to its order, it will have to pay each week a penalty payment of 5 million euros up to a maximum of 50 million euros.

The first ACM order came in August 2021 and in December, the court ruled that this part of the order could be published.

The Dutch watchdog said Apple has failed to satisfy the requirements on several points.

Apple has failed to satisfy the requirements on several points. The most important one is that Apple has failed to adjust its conditions, as a result of which dating-app providers are still unable to use other payment systems.

At the moment, dating-app providers can merely express their ‘interest’.

In addition, Apple has raised several barriers for dating-app providers to the use of third-party payment systems. That, too, is at odds with ACM’s requirements.

For example, Apple seemingly forces app providers to make a choice: either refer to payment systems outside of the app or to an alternative payment system. That is not allowed. Providers must be able to choose both options.

In addition, Apple has raised several barriers for dating-app providers to the use of third-party payment systems, it added.

Apple last week said it will let dating app developers offer alternate payment options in the Netherlands, in compliance with a ruling by the Dutch regulator. The company also decided to appeal against the ruling in a higher court.