Dutch watchdog fines Apple again; company argues it has complied (updated)
28/02/2022 16:47
(Updates with details of Apple letter; regulator reaction)
By Toby Sterling
AMSTERDAM, Feb 28 (Reuters) - The Dutch antitrust regulator
on Monday issued a sixth weekly fine of 5 million euro ($5.7
million) against Apple AAPL.O for failure to comply with an
order to open its App Store to alternative forms of payment for
dating apps in the Netherlands.
Earlier on Monday, Reuters reported that Apple has sent a
letter to the Authority for Consumers and Markets (ACM) arguing
it has already complied with the watchdog's order.
However, the ACM said in a statement it was not aware of any
change in Apple's position and it imposed the new fine.
Apple's practice of requiring developers to use its system
and pay commissions of 15-30% on digital goods purchases has
come under scrutiny from regulators and lawmakers around the
world.
While the Dutch ruling, which found the company is abusing a
dominant market position, applies only in the Netherlands and
only for dating apps, it could set a precedent. urn:newsml:reuters.com:*:nL1N2T82DO
The watchdog has now levied five separate weekly $5.7
million fines against Apple for failure to comply with the
order, saying that Apple's proposed solutions put an unfair
burden on developers. urn:newsml:reuters.com:*:nL1N2UW0ZY
A letter from Apple to the ACM dated Feb. 28 seen by Reuters
said the solution it has offered would require only a "minor
technical change" with no additional costs.
The letter argued it is common practice for developers to
modify their software to comply with law in various
jurisdictions.
"I understand that currently we have a difference of opinion
that may ultimately have to be resolved by a court," the letter
signed by Apple Chief Compliance Officer Kyle Andeer said.
"I hope we can find a mutually agreeable solution that will
allow us to move past this issue."
A spokesperson for the ACM said the agency was aware of
Apple's letter but it did not represent a change of position.
(Reporting by Toby Sterling, Editing by Louise Heavens, William
Maclean)
((toby.sterling@thomsonreuters.com;))