In EU law, especially under Regulations like the DMA, the Commission is:
- The primary enforcer
- The arbiter of compliance (subject to court review)
- And is empowered to impose proportionate penalties and binding decisions
You cannot have it both ways. Either Apple has to listen to the Commission or it doesn’t. Apple and its lawyers think it’s already complying. The EC is saying no, despite what the text law says, we interpret it differently. So you need to change how you’re complying (which Apple did, apparently successfully if Reuters is to be be believed, and is now suing to get the EC to stop overreaching - we’ll see if Apple’s interpretation is right or the EC’s is).
But then when the EC says “don’t do that” Apple is supposed to trust its interpretation of the law over the regulator who 1) already says “you’re wrong, we’re right” and 2) can decide Apple has to pay 20% of its global revenue as punishment? Don’t be absurd.
You’re conflating a few different things:
- The Commission’s legal conclusion: Apple is not compliant under the DMA and must change its behavior by the deadline provided
- The Commission’s administrative process: it may ask Apple to pause specific proposed implementation details (like communication methods) pending stakeholder feedback.
- Apple is the one to decide the implementation they thinking adequate
But that does not suspend Apple’s overarching obligation to bring its conduct into compliance. If Apple is still restricting communications by March 7, that’s a violation regardless of ongoing consultations. Put simply the legal duty to comply is absolute and time bound, while the Commission’s feedback on remedy design is flexible and procedural. Waiting on the latter without achieving the former isn’t acceptable.
The pause only affects that one draft approach; it doesn’t suspend Apple’s overarching legal obligation to comply by the deadline. If Apple waited on that pause and missed the deadline, that’s on Apple.
And they can’t hide behind an informal “pause” on one draft and claim you’ve satisfied a hard legal deadline. The DMA doesn’t say “pause everything until we say so.”
The Statement of Objections is the formal chance to argue interpretation after you’ve implemented what they believe complies. The consultation pause on a PowerPoint sketch never changed that. So yes, you must act on the binding deadline, then if you still disagree, take the Commission’s formal decision to the General Court. That’s how administrative systems works.
And the 10–20% fines are not arbitrary threats; they are part of a graduated penalty regime, explicitly laid out in the DMA (Art. 30–31), and subject to judicial review by the General Court and CJEU.
Remember, two companies are accusing the EC of moving the goalposts. Seems like an odd thing for two major companies to lie about. Why did they both decide to make that up? Especially when they’ll likely have to prove it in court. Why not just go with “demanding changes beyond our obligations under the law.”
Accusations of “moving the goalposts” are empty unless backed with actual legal evidence. Simply asserting it without showing where the Commission allegedly contradicted itself doesn’t help anyone understand the issue. This is just their empty PR line, not a legal argument because it lacks substance. Companies claiming “goalpost-moving” when enforcement is stricter than expected. But the actual question before the court will be:
`Did the Commission stay within its margin of interpretation and discretion, given the goals and wording of the DMA?`
That’s it. Public statements about ”unfairness” don’t matter unless substantiated with evidence of arbitrary treatment, procedural violation, or manifest error of assessment all of which are narrow and high thresholds under EU case law.
And legally, the Commission can’t just move the goalposts. If they made a demand with no legal basis (not grounded in the DMA’s text objectives, or established interpretation) the General Court would strike it down immediately. That’s how EU judicial review works. They’d get shredded for “manifest error of assessment” or abuse of discretion. In fact, we have the public Statement of Objections and official notices. Anyone can compare them with the Commission’s own explanations and press briefings and the legal position has been consistent throughout. What hasn’t been consistent is the narrative pushed by Apple and others in the press with what’s stated in their legal arguments.
When the judge of compliance already has extremely credible allegations of bad faith acting and deciding compliance is “whatever we feel like it is, not what is written in the law” 1) we’re not in a sane legal jurisdiction to begin with and 2) then the regulator should be obligated to help targeted companies read their minds.
You’re confusing the Commission’s regulatory authority with a U.S.-style adversarial model. The DMA like many EU Regulations the Commission isn’t just an enforcer, it’s the legally empowered interpreter of compliance. Companies must comply with binding decisions, even if they disagree. This isn’t a court, they aren’t judges.
And we have little evidence of bad faith acting outside of tragically hilarious flawed understanding of how EU works by Apple.
1: compliance is spelled out for them
2: everything is codified
3: no mind reading is required, provide a solution that meats the stated purpose and result.