European Commission Opens ‘Specification Proceedings’, Ostensibly to Tell Apple Exactly What to Do
The European Commission yesterday:
Today, the European Commission has started two specification
proceedings to assist Apple in complying with its interoperability
obligations under the Digital Markets Act (‘DMA’). […] Pursuant
to Article 8(2) of the DMA, the Commission may, on its own
initiative, adopt a decision specifying the measures a gatekeeper
has to implement to ensure effective compliance with substantive
DMA obligations, such as the interoperability obligation of
Article 6(7) DMA.
The first proceeding focuses on several iOS connectivity features
and functionalities, predominantly used for and by connected
devices. […] 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 [sic]. 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. […]
The Commission will conclude the proceedings within 6 months from
their opening.
As ever with the Commission and their bureaucratese, I’m unsure whether this announcement is perfunctory or an escalation. But I think it’s an escalation, and they’re so irritated by Apple’s refusal to cave to the “spirit” of the DMA while complying with the letter of the law, that they’re simply going to tell Apple exactly what they want them to do in six months. This is not going to go well, as it seems they’re going to demand Apple offer third-party peripheral makers and software developers the same access to system-level software that Apple’s own first-party peripherals and software have. I’m not even sure why they’re having proceedings, because this press release makes it sounds like they’ve already decided.
Also worth nothing: Margrethe Vestager is on her way out, about to be replaced by Spanish socialist Teresa Ribera, a career climate expert (which, possibly, might give her an affinity for Apple, by far and away the most climate-friendly large tech company) with no experience in competition law. To me that makes Ribera an odd choice for the competition chief job, but apparently that makes sense in the EU. It remains unclear to me whether Ribera supports Vestager’s crusade against the DMA’s designated “gatekeepers”. If she doesn’t, is this all for naught?
Sidenote: Honest question: Can someone explain to me [the Commission’s use of boldfacingb? In the first 265 words of the press release, 66 of them are bold, across 13 different spans. They seemingly use boldfacing the way Trump capitalizes words in his tweets: indiscriminately. I find it highly distracting, like trying to read a ransom letter. It’s not just this press release, they do it all the time.
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The European Commission yesterday:
Today, the European Commission has started two specification
proceedings to assist Apple in complying with its interoperability
obligations under the Digital Markets Act (‘DMA’). […] Pursuant
to Article 8(2) of the DMA, the Commission may, on its own
initiative, adopt a decision specifying the measures a gatekeeper
has to implement to ensure effective compliance with substantive
DMA obligations, such as the interoperability obligation of
Article 6(7) DMA.
The first proceeding focuses on several iOS connectivity features
and functionalities, predominantly used for and by connected
devices. […] 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 [sic]. 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. […]
The Commission will conclude the proceedings within 6 months from
their opening.
As ever with the Commission and their bureaucratese, I’m unsure whether this announcement is perfunctory or an escalation. But I think it’s an escalation, and they’re so irritated by Apple’s refusal to cave to the “spirit” of the DMA while complying with the letter of the law, that they’re simply going to tell Apple exactly what they want them to do in six months. This is not going to go well, as it seems they’re going to demand Apple offer third-party peripheral makers and software developers the same access to system-level software that Apple’s own first-party peripherals and software have. I’m not even sure why they’re having proceedings, because this press release makes it sounds like they’ve already decided.
Also worth nothing: Margrethe Vestager is on her way out, about to be replaced by Spanish socialist Teresa Ribera, a career climate expert (which, possibly, might give her an affinity for Apple, by far and away the most climate-friendly large tech company) with no experience in competition law. To me that makes Ribera an odd choice for the competition chief job, but apparently that makes sense in the EU. It remains unclear to me whether Ribera supports Vestager’s crusade against the DMA’s designated “gatekeepers”. If she doesn’t, is this all for naught?
Sidenote: Honest question: Can someone explain to me [the Commission’s use of boldfacingb? In the first 265 words of the press release, 66 of them are bold, across 13 different spans. They seemingly use boldfacing the way Trump capitalizes words in his tweets: indiscriminately. I find it highly distracting, like trying to read a ransom letter. It’s not just this press release, they do it all the time.
