The First DMA Fines Land on Apple and Meta
On April 23, 2025, the European Commission imposed its first-ever fines under the Digital Markets Act: EUR 500 million against Apple for blocking app developers from steering users to cheaper purchases outside the App Store, and EUR 200 million against Meta for forcing EU users into a coercive “consent or pay” data model. Together, these decisions settled a fundamental question — whether the Commission would actually use its enforcement powers.
The combined EUR 700 million may look modest relative to Apple’s EUR 360 billion and Meta’s EUR 130 billion annual revenues. But the real weight lies in what the decisions demand: structural changes to how gatekeepers operate in the European market, with 60 days to comply and penalties that escalate dramatically — up to 10% of global turnover for continued violations, and up to 20% for repeated infringements.
Apple’s Anti-Steering Crackdown
Article 5(4) of the DMA requires gatekeepers to let app developers freely communicate alternative offers and direct users to purchase options outside the platform — without imposing unreasonable restrictions or fees.
After the DMA took effect in March 2024, Apple introduced a set of technical and commercial restrictions that the Commission found effectively nullified this obligation. Developers could technically include links to external payment options, but Apple surrounded this capability with conditions — limited link formats, restrictive display requirements, and commission structures — that made it commercially unviable. A developer wanting to sell a EUR 10 monthly subscription through their own website, avoiding Apple’s standard 30% commission, could not effectively tell users about that option within the app.
The Commission also flagged Apple’s Core Technology Fee (CTF) — a EUR 0.50 charge per first annual install beyond one million — as potentially disproportionate. Under pressure, Apple announced a sweeping overhaul in June 2025, replacing the per-install CTF with a percentage-based Core Technology Commission (CTC) system. The new structure — 2% acquisition fees, 5-13% store service fees, and a 5% CTC — took effect in January 2026.
Apple filed its appeal on July 7, 2025, the final day permitted under EU rules, arguing the Commission “misinterpreted and misapplied” the DMA’s provisions. The case now sits with the EU General Court in Luxembourg, where proceedings typically take two to four years. Critically, Apple must comply with the behavioral requirements regardless of the appeal outcome.
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Meta’s Consent-or-Pay Verdict
Meta’s violation targeted a different DMA obligation. Article 5(2) requires gatekeepers to obtain specific, informed consent before combining personal data across their different services. In November 2023, Meta offered EU users of Facebook and Instagram a binary choice: consent to full data combination for personalized advertising, or pay a monthly subscription — EUR 9.99 on the web, EUR 12.99 on mobile — for an ad-free experience.
The Commission ruled this model non-compliant on two grounds. First, the “consent or pay” framework provided no genuine equivalent alternative — users faced either full data exploitation or a significant financial cost, with no middle ground. Second, the financial penalty for declining data combination made consent coercive, failing the DMA’s standard for freely given consent.
The EUR 200 million fine covered a specific window: March 2024 (when DMA obligations became binding) through November 2024 (when Meta introduced modifications). Eight months of non-compliance yielded EUR 200 million — establishing a clear baseline for how the Commission prices ongoing violations.
Following the ruling, Meta introduced a revised consent framework. In December 2025, the Commission announced that Meta committed to offering EU users a genuine choice: consent to full data sharing with personalized advertising, or opt to share less personal data while receiving limited personalized advertising — without paying. The Commission called this “a very good step forward,” though long-term monitoring continues.
What the DMA’s Penalty Architecture Means
The April 2025 decisions established enforcement credibility, but the DMA’s penalty structure creates escalation pressure that extends far beyond these initial fines. The architecture works on three levels.
First, initial fines can reach 10% of worldwide annual turnover. For Apple, with over EUR 360 billion in annual revenue, a maximum fine could theoretically reach EUR 36 billion. Second, periodic penalty payments of up to 5% of average daily turnover can compound for ongoing non-compliance. Third, for systematic violations, the Commission can impose structural remedies — including forced divestiture and bans on acquisitions in digital sectors.
The Apple and Meta decisions were not isolated. Throughout late 2025, the Commission opened adjacent investigations: a probe into Meta’s policy banning rival AI providers from WhatsApp Business Solution (effectively blocking competitors like OpenAI and Microsoft since January 2026), and a formal antitrust investigation into Google’s use of online content for AI model training without appropriate compensation to publishers. The regulatory net is widening.
The Global Regulatory Ripple Effect
The DMA’s enforcement has implications far beyond EU borders. The UK’s Digital Markets, Competition and Consumers Act 2024 shares structural similarities with the DMA, with provisions coming into force across 2025-2026 under the Competition and Markets Authority. Japan enacted the Smartphone Software Competition Promotion Act targeting Apple and Google’s app store practices specifically. South Korea has advanced platform fairness legislation through its National Assembly.
For countries developing their digital economies — including Algeria, which is advancing data protection amendments and digital sovereignty provisions — the DMA enforcement offers both a template and a cautionary tale. The template: clear ex-ante rules with meaningful penalties create compliance incentives that traditional antitrust litigation (which takes 7-10 years) cannot match. The cautionary tale: enforcement requires substantial technical expertise and institutional capacity that takes years to develop.
Frequently Asked Questions
What is the Digital Markets Act and how does it differ from traditional antitrust?
The Digital Markets Act is an EU regulation that took effect in March 2024, designating the largest technology platforms — Apple, Google, Meta, Amazon, Microsoft, and ByteDance — as “gatekeepers” with specific behavioral obligations. Unlike traditional antitrust enforcement, which requires years of investigation and court proceedings to prove market abuse after the fact, the DMA sets clear rules in advance (ex-ante regulation) and enables faster enforcement. The first fines came roughly one year after obligations took effect, compared to the 7-10 years typical of traditional antitrust cases.
Can Apple and Meta appeal these fines, and does the appeal pause compliance?
Yes, both companies can appeal to the EU General Court. Apple filed its appeal on July 7, 2025, arguing the Commission misinterpreted the DMA. However, the obligation to comply with the Commission’s behavioral requirements remains in effect during the appeal process — meaning Apple and Meta must change their practices regardless of the outcome. General Court proceedings typically take two to four years, and a further appeal to the Court of Justice of the EU is possible after that.
How do these DMA enforcement actions affect app developers outside the EU?
Developers worldwide benefit from DMA compliance changes when their apps serve EU users. Apple’s revised steering rules allow developers to freely link users to cheaper purchasing options outside the App Store, and Meta’s new consent model means EU users can opt for less personalized advertising without paying. For Algerian developers distributing apps through Apple’s App Store or advertising on Meta platforms, these changes apply to their EU user base, potentially increasing direct revenue and reducing platform dependency.
Sources & Further Reading
- Commission finds Apple and Meta in breach of the Digital Markets Act — European Commission
- Understanding the Apple and Meta Non-Compliance Decisions Under the DMA — TechPolicy.Press
- The DMA’s Teeth: Meta and Apple Fined by the European Commission — Kluwer Competition Law Blog
- Apple appeals 500 million euro EU fine over App Store policies — CNBC
- Meta commits to give EU users choice on personalised ads under DMA — European Commission
- DMA in Action: European Commission imposes EUR 200 million fine on Meta — Taylor Wessing
- Article 30 — Fines: The final text of the Digital Markets Act
- Apple’s June 2025 EU update: CTF’s 2026 sunset — RevenueCat
