On April 23, 2025, the European Commission adopted its first two sanction decisions for violations of the Digital Markets Act (DMA). The US technology companies Apple and Meta were fined €500 million and €200 million respectively for various breaches of the DMA rules. These decisions are an important milestone in the enforcement of the new European legal framework to ensure fair competition in the digital single market.
Violation of the anti-steering rule by Apple
According to Art. 5 para. 4 of the Digital Markets Act (DMA), gatekeepers are obliged to give app developers the opportunity to inform consumers free of charge about alternative purchase options outside the platforms controlled by the gatekeeper. This obligation also includes the right of app developers to refer consumers to their own websites or alternative payment services and to inform them of any more favorable conditions compared to the offers within the platform.
In the case of Apple, the Commission found that the company had not complied with this obligation. Apple had implemented technical restrictions in its App Store that effectively made it impossible for app developers to inform users about alternatives outside the App Store infrastructure. For example, developers were not allowed to include direct links to external offers in their apps or advertise alternative payment methods. In addition, commercial requirements were imposed that significantly impaired the competitiveness of external offers.
This restrictive practice meant that consumers were not fully informed about alternative, possibly cheaper offers and were therefore restricted in their freedom of choice. The Commission emphasized that such restrictions are incompatible with the basic principles of the DMA, which aims to open up market access and reduce dependence on dominant platforms.
Apple was given the opportunity during the proceedings to demonstrate the objective necessity and proportionality of its control restrictions. However, the company was unable to demonstrate that the restrictions were necessary, for example, for security reasons or other overriding reasons in the public interest. In light of these findings, the Commission ordered Apple to immediately lift the existing technical and commercial restrictions and to refrain from introducing similar restrictions with the same purpose or effect in the future.
500 million euro fine against Apple
The European Commission has imposed a fine of 500 million euros on Apple. In doing so, it took into account both the seriousness and the duration of Apple's infringement of its obligations under antitrust law. The Commission clarified that Art. 30 para. 2 DMA allows fines of up to 10 % of a company's worldwide annual turnover, so that the sanction is proportionate to Apple's economic performance.
At the same time, Apple was obliged to take all necessary measures within 60 days to ensure full compliance with the legal provisions. Should Apple fail to comply with this obligation, the Commission reserves the right to impose further periodic penalty payments to enforce its decision.
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Meta violates DMA with "consent or pay" model
In accordance with Article 5(2) DMA, gatekeepers are required to Consent the users in order to personal data combine between services. Users who do not consent must be offered an equivalent, less personalized service. This requirement interacts closely with the requirements for voluntary consent. Consent according to Art. 4 No. 11 and Art. 7 GDPR.
Meta introduced a "consent or pay" model in November 2023: Facebook and Instagram users had to either consent to extensive data processing or take out a paid, ad-free subscription. The Commission found that this binary choice model did not meet the requirements of the GDPR as no specific option was offered for a less data-intensive but otherwise equivalent use of the service.
Although Meta presented an adjusted model in November 2024 that is less personal data for advertising purposes, today's decision relates exclusively to the period between March 2024 and November 2024, during which the original "Consent or Pay" model applied. The review of the new model has not yet been completed and is expressly reserved.
EU Commission imposes 200 million euro fine on Meta
The European Commission has imposed a fine of 200 million euros on Meta Platforms Inc. In setting the amount of the fine, the Commission took into account in particular the seriousness and duration of the breach of the data protection requirements of the Digital Markets Act. The Commission referred to the relevant provisions of Art. 30 DMA, which provides for fines of up to 10 % of a company's worldwide annual turnover for breaches of key obligations. In Meta's case, an amount was set that reflects the severity of the infringement, the number of users affected and the economic size of the company.
Meta is obliged to take all necessary measures within a period of 60 days to remedy the infringements complained of and to ensure conformity with the requirements of the DMA. Should Meta fail to meet this deadline or take insufficient remedial action, the Commission reserves the right to impose further periodic penalty payments. These may include daily penalties under the DMA to ensure full implementation of the obligations.
Significance of the EU Commission's decisions
The current decisions against Apple and Meta are the first decisions for non-compliance with the DMA obligations. They demonstrate the European Commission's determination to effectively enforce the new regulatory instrument. The decisions also underline that the DMA creates directly enforceable obligations and that breaches can result in severe financial penalties.
For gatekeepers and digital platforms, this means a clear call to proactively design compliance measures and to seek dialog with the supervisory authorities at an early stage. In its comments, the Commission emphasized that both Apple and Meta had been granted extensive rights of defense, in particular through access to the file, comprehensive examination of the file and written comments as part of the Commission's preliminary assessment communications of June 24 and July 1, 2024.
The Commission will continue to closely monitor the implementation of the measures by Apple and Meta and reserves the right to impose further periodic penalty payments if full compliance with the DMA requirements is not achieved within the set deadline. At the same time, the development of Meta's new ad model will continue to be monitored and reviewed for compliance with the DMA. The outcome of this review is open.
The enforcement practice sends a clear signal to all other gatekeepers and sets the course for a more regulated, user-centered digital single market in Europe.
Source: Commission finds Apple and Meta in breach of the Digital Markets Act
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