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ARTICLE · 02 AUGUST 2024

Anti-steering: Apple Faces The Music

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On 4 March 2024, Apple was fined €1.84bn by the European Commission for abusing its dominant position in respect of the distribution of music streaming...

European UnionAntitrust/Competition Law
Megan Humphreys
Megan Humphreys
Roque Botas Armero
Roque Botas Armero
Greg Dowell
Greg Dowell

On 4 March 2024, Apple was fined €1.84bn by the European Commission for abusing its dominant position in respect of the distribution of music streaming apps to iPhone and iPad users (iOS users); specifically through the imposition of so-called "anti-steering" provisions. The fine concluded a nine-year investigation, central to which was a complaint from Spotify in 2019, with formal proceedings having been opened by the Commission in June 2020.

Since the fine was announced, a non-confidential version of the infringement decision has been published, Apple has lodged an appeal against the Commission's findings and the penalty imposed, and the Commission has opened separate enforcement proceedings against Apple, for essentially the same conduct, under the Digital Markets Act (DMA). In this article we analyse the case's implications, both for the enforcement of Article 102 TFEU,1 and the regulation of Big Tech more broadly.

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