EU Probes Apple's Decision to Shut Down Epic's Developer Account
Apple’s Termination of Epic’s EU Account
- One side argues Apple reasonably dropped a “litigious” partner with a history of ToS violations (Fortnite payment changes), citing a US judge’s finding of Epic’s “malicious compliance.”
- Others say this is “pre‑crime”: Apple is blocking Epic’s EU subsidiary based on old US behavior, in a different jurisdiction.
- Critics stress that Apple’s own ToS cannot override EU law; the DMA grants the right to run alternative app stores, and Apple is using its gatekeeper position to neutralize a competitor.
DMA, Gatekeeper Status, and Legal Obligations
- DMA has been in force since late 2022 with a long grace period; as of “yesterday” in the thread, big platforms are fully liable.
- Commenters argue that if a developer account is required to operate a third‑party store, Apple cannot weaponize that requirement against specific rivals.
- Some highlight that EU rules explicitly require gatekeepers to enable interoperability while maintaining high security and data protection, shared between Apple and third‑party providers.
Security vs. Openness
- Pro‑Apple view: third‑party app stores get “keys to the phone”; past noncompliance by Epic makes them a security and compliance risk Apple can’t afford under EU rules.
- Opposing view: security should be enforced via OS mechanisms and user permissions, not by excluding competitors; Apple’s own security track record (e.g., spyware exploits) undercuts its argument.
- Debate over whether Apple should remain responsible for security of third‑party distribution vs. shifting that burden to store operators and users.
Market Power, Strategy, and Potential Consequences
- Many see Apple as a de‑facto monopoly/gatekeeper similar to Microsoft in the 1990s, using control to protect its “Apple tax” and block rivals.
- Several commenters frame Apple’s behavior as deliberate “malicious compliance” and delay tactics: ignore or bend EU law, pay fines if needed, and bank profits.
- Others expect this to backfire: escalating fines (percent of global turnover), tougher remedies, possibly forcing Apple to allow stores without any business relationship or fees to Apple.
- Some worry US political pressure could blunt EU enforcement; others think the EU will “take the gloves off” given Apple’s repeated defiance.