Apple and Meta in the European Commission’s crosshairs: A comment on the implementation of the DMA in practice

Article published at NB Daily (in Greek)

The First Fines Imposed by the European Commission under the New Digital Markets Act (DMA)

On April 23, 2025, the European Commission issued two decisions imposing monetary fines of €500 million on Apple and €200 million on Meta, following compliance investigations under Regulation (EU) 2022/1925 (Digital Markets Act – “DMA”).
In particular, the Commission examined Apple’s existing “steering” conditions within the App Store and Meta’s “Consent or Pay” model, which was in effect from March to November 2024.
These decisions represent the first instances of sanctions imposed under the DMA, which became fully applicable in March 2024.

What is the DMA?

The DMA was adopted with the objective of ensuring fair digital markets, focusing on the conduct of major platforms acting as Gatekeepers, and is part of the EU’s broader legislative framework for regulating digital services, alongside Regulation (EU) 2022/2065 (Digital Services Act – “DSA”).

The DMA sets out a series of obligations and prohibitions specifically for large online platforms designated as “Gatekeepers.”
According to Article 3(1) DMA, an undertaking is designated as a Gatekeeper if it:

• (a) has a significant impact on the internal market;

• (b) provides a core platform service which constitutes an important gateway for business users to reach end users; and

• (c) enjoys an entrenched and durable position in its operations, or it is foreseeable that it will do so in the near future.

On September 6, 2023, the European Commission designated six companies as Gatekeepers: Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft.
Additionally, on April 29, 2024, the Commission designated Apple’s iPadOS (its operating system for tablets) as a Gatekeeper under the DMA.

Apple – Violation of the “Anti-Steering” Obligation: €500 Million Fine

In the context of Apple’s compliance review, the European Commission assessed whether business users (i.e., natural or legal persons using the App Store to offer products or services) and end users (consumers) could benefit from advantages offered through alternative distribution channels outside the App Store.

Under Article 5(4) DMA, a Gatekeeper must:

• Allow business users to promote offers under different conditions to end users, free of charge.

• Enable business users to steer end users towards such offers.

• Allow the completion of transactions outside the Gatekeeper’s platform.

However, the Commission found that Apple prevents business users from directly informing consumers about such alternative and cheaper offers, thus depriving consumers of real choice.
Apple failed to demonstrate that these technical restrictions were necessary and proportionate.
Therefore, the Commission ordered Apple to remove all technical and commercial restrictions and refrain from similar conduct in the future, imposing a fine of €500 million, considering the gravity and duration of the non-compliance.

Meta – Violation of the Free Consent Obligation: €200 Million Fine

In this case, the European Commission reviewed Meta’s “Consent or Pay” model, where Facebook and Instagram users in the EU were asked to choose between consenting to the combination of their personal data or paying a monthly subscription for an ad-free service.

According to the DMA:

• Gatekeepers must request users’ consent for combining personal data across services (Article 5(1) DMA).

• Where consent is refused, they must offer a less personalized but equivalent alternative (Article 5(2) DMA and Recital 37).

The Commission concluded that Meta’s “Consent or Pay” model, applied between March and November 2024 (prior to the introduction of a new model in November), did not comply with these obligations.
Users were not given a true opportunity to freely exercise their consent, as their refusal was tied to the requirement of paying for the service.

Conclusion – Implications for Service Providers

The Commission’s decisions against Apple and Meta mark the beginning of a new era of enhanced regulatory oversight over major digital platforms in the European Union.
Strict enforcement of the DMA:

• Establishes binding standards for safeguarding user freedom of choice and privacy.

• Raises the level of compliance required from multinational corporations operating in the European market.

• Creates a precedent for future enforcement actions under the DMA, enhancing legal certainty and predictability.

• Fosters a competitive and innovative environment, reducing the risk of user “lock-in” phenomena.

• For technology companies, monetization models and data management practices must now be reconsidered under the light of these developments.

For the Law Office “Stergios Konstantinou & Associates – SGKLegal”