European Union: Issued EC Statement of Objections to Apple over App Store rules for music streaming providers

On 28 February 2023, the European Commission sent a Statement of Objections to Apple over its App Store rules for music streaming providers. In particular, the Commission has taken the preliminary view that Apple's contractual restrictions on app developers' preventing them from informing iPhone and iPad users of alternative music subscription services at lower prices outside of the app (anti-steering obligations) constitute unfair trading conditions in breach of Article 102 of the TFEU which prohibits the abuse of a dominant position. The Commission has found that the anti-steering obligations are neither necessary nor proportionate, are detrimental to users of music streaming services on Apple's mobile devices who may end up paying more, and negatively affect the interests of music streaming app developers by limiting effective consumer choice. This Statement of Objections replaces the 2021 Statement of Objections over Apple's anti-competitive App Store rules in the music streaming sector and removes the assessment of the legality of the obligation on app developers to use the in-app purchase payment technology from the conduct investigated.