Apple: Antitrust investigation launched over cloud interoperability
The AGCM aims to investigate compliance with the Digital Markets Act in greater depth
The Italian Competition and Market Authority has launched an investigation into Apple ‘regarding compliance with the interoperability obligation set out in the Digital Markets Act, the DMA, to which Apple’s iOS and iPadOS operating systems are subject”, reads a statement from the Competition Authority.
Pursuant to Article 6(7) of the DMA, the the Cupertino-based company must guarantee third-party providers of consumer cloud services, free of charge, ‘effective interoperability with the iOS and iPadOS operating systems, as well as equal access to the same hardware and software components that are available to Apple’s iCloud service’.
The Authority ‘has grounds to believe that third-party providers of consumer cloud services may not be on an equal footing with Apple’s iCloud service, as they do not appear to have access to the same components used by, or otherwise made available to, the iCloud service’.
By way of example, the Competition Authority explains, ‘it would appear that Apple does not allow alternative cloud storage services for end users to use the components of iOS and iPadOS that enable a full backup of the data on the devices, whereas Apple’s iCloud service is permitted to do so’.
This is the first time that the Authority has exercised the powers provided for in Article 38(7) of the DMA, specifically conferred by Law No 214 of 30 December 2023, entitled ‘Annual Law on the Market and Competition 2022’, and, in particular, by Article 18, ‘Measures for the implementation of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on fair and contestable markets in the digital sector’. Under this Act, the Authority may assist the European Commission in conducting preliminary investigations pursuant to the DMA. The proceedings were initiated in close cooperation with the Commission. The findings of the AGCM’s investigation will be forwarded to the Commission to assist it in carrying out its role as the sole authority responsible for enforcing the DMA.
