EU hits Apple with $2 billion antitrust fine in Spotify case

Brussels on Monday fined Apple 1.84 billion euros ($2 billion) for thwarting competition from music streaming rivals via restrictions on its App Store, the iPhone maker's first ever penalty for breaching EU rules.

The European Commission charged Apple last year with preventing Swedish streaming service Spotify and others from informing users of payment options outside its App Store, following a 2019 complaint by Spotify.

It said on Monday that Apple's restrictions constituted unfair trading conditions, a relatively novel argument in an antitrust case and also used by the Dutch antitrust agency in a decision against Apple in 2021 in a case brought by dating app providers. It ordered it to stop such conduct.

Apple said it would appeal the decision. A ruling at the Luxembourg-based General Court, Europe's second-highest, is likely to take several years. Until then, Apple will have to pay the fine and comply with the EU order.

Its shares opened down 2 percent.

The penalty, the first time the Commission has added a deterrent lump sum on top of an antitrust fine as a deterrent, dwarfed the 500 million euros sources with knowledge of the matter had told Reuters they expected to be meted out to Apple.

It comprised a basic element of 40 million euros - described by European Competition Commissioner Margarethe Vestager as a "parking ticket" for the US tech giant - plus 1.8 billion euros slapped on top as a deterrent. The 1.84 billion euros total is equal to 0.5 percent of Apple's global turnover, she said.

Apple criticized the decision, saying in a statement it" was reached despite the Commission's failure to uncover any credible evidence of consumer harm, and ignores the realities of a market that is thriving, competitive, and growing fast."

"The primary advocate for this decision — and the biggest beneficiary — is Spotify, a company based in Stockholm, Sweden. Spotify has the largest music streaming app in the world and has met with the European Commission more than 65 times during this investigation," it said.

"Millions of European music streaming users were left in the dark about all available options," Vestager told a press conference.

"And Apple's anti-steering rules also made consumers pay more for such services because of the high commission fee imposed on developers and passed on to consumers."

Spotify cheered the EU decision but said there were other issues in other areas.

"And while we are pleased that this case delivers some justice, it does not solve Apple's bad behavior towards developers beyond music streaming in other markets around the world," the company said in a statement.

While the overall fine is huge for any company, Apple can handle that without any immediate cash impact, said analyst Ryan Reith at tech and services company IDC.

"I believe this is another step in the ongoing process of breaking down some of the walled gardens that Apple has created around its ecosystem," he said.

Vestager's order to Apple to remove its App Store restrictions echoes the same requirement under new EU tech rules known as the Digital Markets Act (DMA), which Apple has to comply with on March 7.

Apple's fine, however, is about a quarter of the 8.25 billion euro fines the EU regulator meted out to Alphabet's Google in three cases in the previous decade.

In contrast to the music streaming case, Apple is seeking to settle another EU antitrust investigation by offering to open up its tap-and-go mobile payment systems to rivals.

EU regulators, who subsequently sought feedback from rivals and users, will likely accept its offer without fining the company.

Reuters