EU DMA enforcement: Alphabet, Apple, and Meta face investigations

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Only two weeks have passed since the Digital Markets Act (DMA) took effect, governing major online platforms, and the European Commission has already opened its first investigation into potential DMA violations by Alphabet, Apple, and Meta. These three of the six designated gatekeepers were flagged for possible noncompliance as stated during a press briefing by Margrethe Vestager, the Commission vice president in charge of competition policy. The concern is that the remedies proposed by these firms may not fully satisfy the DMA, a point Vestager underscored during the briefing.

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“We have spent months debating how to help them adapt, and we are seeing market changes. Yet we remain unconvinced that Alphabet, Apple, and Meta are meeting their obligations to ensure a fair and open digital space for European citizens and businesses”, added Thierry Breton, the Internal Market Commissioner. He warned that the case could lead to heavy fines if the DMA is breached, with penalties up to 10% of global annual turnover and up to 20% in cases of repeated violations. In cases of systematic infringements, the Commission may also impose additional remedies, such as forcing a gatekeeper to divest an entity or to block the acquisition of related services that contribute to noncompliance.

The concerns raised by Brussels focus on Alphabet’s practices around directing users through Google Play and auto-defaults in Google Search, Google’s flagship search engine, as well as Apple’s practices related to directing in the App Store and the Safari default screen, and Meta’s pay-with-consent model. After reviewing compliance reports submitted by the gatekeepers on March 7, Brussels decided to open five investigations for noncompliance, signaling a serious approach to the DMA. Vestager explained that stakeholder feedback indicated some compliance measures fell short of objectives and expectations, and she confirmed the commission’s plan to conclude the process within a 12‑month window.

The Alphabet case

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In Alphabet’s case, Brussels believes the tech giant is failing to require developers to offer end users better conditions outside Google Play without imposing extra charges. There is also concern that Alphabet may be giving preferential treatment to its own search services such as Google Shopping, Google Flights, and Google Hotels over comparable third‑party services.

“The Commission is worried that Alphabet’s measures to comply with the DMA may not guarantee fair, non-discriminatory treatment for third-party services appearing on Google’s search results page in comparison with Alphabet’s own services”, the Commission notes.

Doubts about Apple

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Regarding Apple, Brussels fears potential restrictions that would hinder end users from easily uninstalling any software from iOS, changing default settings in iOS, and using choice screens that effectively highlight alternative default services, such as a different browser or search engine on iPhones.

“The Commission worries that Apple’s measures, including the design of the browser choice screen, may prevent users from truly exercising their selection of services within Apple’s ecosystem”, the Commission notes, also alleging potential restrictions on offering better prices and direct user communication.

Meta’s model

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Finally, for Meta, concerns center on the new pay-or-consent model introduced for EU users. It requires gatekeepers to obtain user consent before combining or cross‑using personal data across core platforms. The Commission argues this binary choice may fail to offer a real alternative if users do not consent, undermining the aim of preventing mass data accumulation by gatekeepers.

Apart from these three probes, the Commission has also launched two additional enforcement procedures against Amazon and Apple. Amazon is scrutinized for potentially giving preferential treatment to its own branded products in Amazon Store, infringing the DMA. Apple faces questions over its new fee structure for alternative app stores and the distribution of apps via sideloading.

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Document preservation

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The Commission has announced it will issue five retention orders directed at Alphabet, Amazon, Apple, Meta, and Microsoft, compelling them to preserve documents relevant to evaluating compliance with the DMA. The aim is to safeguard available evidence and ensure effective enforcement. In addition, Meta has received a six-month extension to meet the interoperability obligation for Facebook Messenger.

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