Apple may plan to appeal against the EU App Store law

Apple plans an eleventh-hour attempt to protect its business against the impact of the EU’s Digital Markets Act and intends to file an appeal against the inclusion of the App Store and iMessage under the act.

Wants to define which parts of the App Store are affected

The EU believes both Apple services are “gatekeepers”, and Is requiring that Apple make significant changes, such as allowing sideloading or improving integration between messaging services.

The company plans to object to the inclusion of iMessage as a gatekeeper, and that the company also wants to discuss what elements of the App Store are to be regulated.

While it isn’t clear what the latter implies, the company may feel that free apps. educational apps, or apps generating under a certain amount of revenue should have different rules applied. But I’m not a lawyer and don’t know if that is the inference here.

Under the DMA, Apple could eventually also be forced to:

• Open up to payments from third-party services.
• Open up its messaging apps.
• Be forbidden from shipping apps preloaded.
• Make some of these changes by March 2024, with others on a longer schedule.

Appealing the App Store law

Citing sources, Bloomberg claims the appeal is still in draft form and may still change before it is filed. Apple must file its appeal before November 16 for it to be considered under EU law.

The reporting also suggests other tech firms are also planning to file appeals against these new rules. Despite filing an appeal, Apple will still be required to follow the terms of the new laws as filing an appeal does not delay their implementation.

Also read: How Apple’s App Store saved consumers from $2b fraud in 2022

Making plans anyway

Apple recently admitted that it expects to make these changes soon, and it has previously been reported that Apple’s engineers have already developed tools to permit third-party stores and app sideloading on its systems, at least in Europe.

“Future changes could also affect what the company charges developers for access to its platforms, how it manages distribution of apps outside of the App Store, and how and to what extent it allows developers to communicate with consumers inside the App Store regarding alternative purchasing mechanisms,” the company said.

So, while it seems inevitable Apple will introduce some form of sideloading support in Europe in spring ’24, it is not necessarily going to last for very long in the event Apple wins its appeal. And, of course, even if the rules do stand, many analysts think the impact of this change will be more minor than major.

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