ACM holds off on giving a view on Apple’s commission because of ongoing conversations between Apple and European Commission
Summary
- ACM holds off on giving a view on Apple’s commission because of ongoing conversations between Apple and European Commission.
- ACM wants to avoid a situation where several conversations are ongoing at the same time about the same subject.
- ACM will reach a decision about any follow-up actions before April 1, 2026.
The Netherlands Authority for Consumers and Markets (ACM) has decided it will not yet at this time hold Apple to the order regarding the commission that Apple asks from dating app providers. This is because Apple’s fees for app providers are the subject of conversations that are currently ongoing with the European Commission. Apple, accordingly, recently adjusted its fees. Apple has announced it will make further adjustments later this year. ACM wants to avoid a situation where several conversations are ongoing at the same time about the same subject. ACM will consider whether it will still take action when there is more clarity about Apple’s fees. ACM will reach a decision about this before April 1, 2026.
Unreasonable conditions
On June 16, 2025, the District Court of Rotterdam confirmed ACM’s decision from 2021 that Apple abused its dominant position by imposing unreasonable conditions on dating app providers in the App Store. ACM imposed an order subject to penalty payments on Apple to put an end to this. That is why Apple already in 2022 stopped using the condition that dating app providers had to use Apple’s payment system and were not allowed to refer their customers to payment options outside the App Store. ACM also imposed an order on Apple to put an end to the condition that dating app providers had to pay Apple high commissions (of 30 percent, or 15 percent for smaller providers), whereas these commissions did not apply to most app providers. That order was suspended at Apple’s request by a previous judge, but that suspension was lifted by the court ruling of June 16, 2025. Apple had to comply with the order within six weeks after this ruling. ACM has decided to postpone the deadline for compliance with this part of the order until April 1, 2026. This gives ACM time to assess whether it will be necessary by then for Apple to adjust its fees, and to stop the abuse of a dominant position. It also gives Apple time to make the adjustment before April 1, 2026, if necessary.
Impact of the DMA
The DMA, which has been in effect since March 7, 2024, did not exist yet when ACM reached its decision in 2021. The DMA seeks to improve competition on European digital markets and to ensure reasonable conditions of large platforms such as Apple’s App Store. The European Commission decided on April 23, 2025, that Apple, with certain App Store conditions, did not comply with the DMA. That case is about the conditions for app providers in all of Europe. The European Commission imposed a fine on Apple and ordered Apple to adjust its conditions. Apple adjusted its conditions, including its fees, at the end of June. Later this year, Apple will make further adjustments. The European Commission continues its conversations with Apple about whether Apple’s adjusted conditions now indeed comply with the DMA.
ACM and the Digital Economy
The digital economy is an important focus for ACM. People and businesses must be protected against market power and online deception. To take action against abuses of dominant positions, ACM conducts investigations and can impose sanctions on businesses, including fines and orders subject to penalty payments. New European rules, such as the Digital Markets Act, help tackle Big Tech companies. Large companies and platforms must provide access to their platform or technology, for example.
See also
- District Court of Rotterdam confirms ACM decision: Apple abused its dominant position for dating apps | ACM
- ACM rejects Apple’s objections against order subject to periodic penalty payments