Dutch regulator orders Apple to change 'unreasonable' App Store terms for dating apps

News Wireless Netherlands 28 DEC 2021
Dutch regulator orders Apple to change 'unreasonable' App Store terms for dating apps

Dutch competition regulator ACM has told Apple to change its “unreasonable” conditions in the App Store that apply to providers of dating apps, which have no choice but to use Apple's payment system if they want to offer in-app purchases to their users. ACM said that if Apple does not amend its conditions within two months, it will have to pay a penalty of EUR 5 million per week, up to a maximum of EUR 50 million.

Apps for the iOS operating system can be offered only via the App Store. Dating app providers therefore have no choice but to accept Apple's conditions, giving the company a dominant position, the ACM said. The Dutch regulator first started investigating whether Apple is abusing its dominant position in 2019. 

Dating app providers must be able to use other payment systems in addition to Apple's in the App Store, the ACM said. In addition, dating app providers should be given the option to refer to payment options outside of their app. The regulator believes that the conditions are disproportionate to the payment services provided and that these are not necessary for maintaining the App Store.

Legislation limiting Apple's payment terms has already been passed in South Korea, and an investigation by Japan's competition authorities reached a similar conclusion as the ACM. Apple also is fighting a high-profile court battle in the US with Epic Games over the App Store conditions.  

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