European Commission to order Apple to take interoperability measures after company refuses to comply with DMA

The European Commission has taken the next step in forcing Apple to comply with the Digital Markets Act. The EC has started two so-called specification proceedings, in which they can more or less order Apple exactly what it needs to do to comply with the DMA – in this case covering the interoperability obligation set out in Article 6(7) of the DMA. The two proceedings entail the following: The first proceeding focuses on several iOS connectivity features and functionalities, predominantly used for and by connected devices. Connected devices are a varied, large and commercially important group of products, including smartwatches, headphones and virtual reality headsets. Companies offering these products depend on effective interoperability with smartphones and their operating systems, such as iOS. The Commission intends to specify how Apple will provide effective interoperability with functionalities such as notifications, device pairing and connectivity. The second proceeding focuses on the process Apple has set up to address interoperability requests submitted by developers and third parties for iOS and IPadOS. It is crucial that the request process is transparent, timely, and fair so that all developers have an effective and predictable path to interoperability and are enabled to innovate. ↫ European Commission press release It seems the European Commission is running out of patience, and in lieu of waiting on Apple to comply with the DMA on its own, is going to tell Apple exactly what it must do to comply with the interoperability obligation. This means that, once again, Apple’s childish, whiny approach to DMA compliance is backfiring spectacularly, with the company no longer having the opportunity to influence and control its own interoperability measures – the EC is simply going to tell them what they must do. The EC will complete these proceedings within six months, and will provide Apple with its preliminary findings which will explain what is expected of Apple. These findings will also be made public to invite comments from third parties. The proceedings are unrelated to any fines for non-compliance, which are separate.

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