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Ius Omnibus comments on the Digital Markets Act launched by the European Commission

On January 9th 2025, Ius Omnibus engaged in the European Commission’s public consultation on the proposed interoperability measures for Apple’s iOS and iPadOS under the Digital Markets Act (DMA). Ius Omnibus focus lies on ensuring optimal consumer protection in digital environments, particularly addressing concerns related to the restrictive distribution of apps and content.

In its comments Ius Omnibus emphasizes that the proposed measures fail to sufficiently address these issues, which ultimately harm consumers by limiting their access to apps and software. While we recognize the complexity of establishing an interoperability regime and acknowledge Apple’s current request-based process as a starting point, it highlights key shortcomings.

The request-based system still leaves room for Apple’s discretion, leading to delays and potential dependence on the gatekeeper. This system doesn’t fully eliminate market monopolies, as Apple can still prioritize its own products over competitors, which limits competition and restricts consumer choice.

The consultation mainly focuses on technical aspects related to developers and companies trying to interoperate with Apple’s systems. However, Ius argues that these measures overlook the ultimate impact on consumers. In fact, if interoperability is achieved but not effectively installed, consumers will still face challenges in accessing alternative apps or app stores.

Ius Omnibus took the opportunity to point out that the distribution process and the user journey of installing third-party apps are crucial elements that the Commission should address. They highlight the current unnecessary steps imposed by Apple, which create additional barriers for consumers wanting to use apps outside Apple’s ecosystem. These obstacles effectively limit consumer freedom and should be considered part of the same broader picture of interoperability, impacting both developers and end users.

Our association hopes that the Commission will take our suggestions into account and adopt an interoperability regime that balances the protection of developers’ rights while safeguarding consumers’ freedom.

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