Get # Apple and Meta are learning the digital hard way why there is no such thing as the state of nature Unwinding the digital is not easy for Apple and Meta. Their businesses are intricate and vast. Moreover, it’s not primarily a digital law matter; it is a matter of gravity. Both of these giants rely on a global powerhouse of powers and resources. At first, they may try to evade and dodge the new EU tech laws, but they are not likely to stand a chance even with that. It’s like playing chess but having to operate with far fewer pieces than your opponent. They will find it hard to fight against the collective force of the EU. Governments are potentially committing to sharing data with one another on those large multinational platforms. We can expect this to create some competition by giving smaller companies a chance to develop new business models for storing file data on a decentralized blockchain, away from the surveillance practices of large-scale commercial intermediaries.
The digital world is abuzz with the latest spat between some of its most powerful players, namely Apple and Meta (previously Facebook), and the European Union’s newly passed competition rules. As the EU seeks to channel some of its regulatory energies into reining in its digital giants with its Digital Markets Act, Apple and Meta appear to be the first targets of its efforts at regulation. The implications are far-reaching, and mark a vital turning point for the direction of regulation in the digital sector of the economy which has long skewed in favour of protectionism and consumer choice, amongst others, over generations of networked technologies.
At the centre of this evolution is the controversial DMA, a novel EU legislation that was designed to reel in the market power of online ‘gatekeepers,’ ie, dominant firms such as APPLE and Meta that effectively monopolise gateways to the digital marketplace. A centrepiece of the EU’s broader campaign for a level playing field in the digital environment, the DMA mandates that apps can be reached by consumers through other marketplaces than these Company Stores, and that the app masters are finally being deprived of their monopoly power over what gets downloaded and when.
One of the first targets of DMA’s discerning scalpel is the tightknit monoculture of Apple. Although Apple has welcomed its alignment to the DMA through the acceptance of web-based app distribution, it simultaneously announced a highly controversial ‘Core Technology Fee’, that locks developers into a fee for every app download over one million, something that is unprecedented on Apple’s official App Store (and, I believe, against everything that the DMA stands for: open and competition).
This balancing act shows how complicated is the dance that companies must do between following the rules and making money. Apple’s strategy has not gone unnoticed by the EU, which is likely to issue charges of non-compliance against the tech giant.
Meta, however, is up against a different kind of fight: its opt-in system, known as a ‘pay or consent model’, allows users to bypass its ad-supported content structure. While advertising-supported platforms often claim to give users a choice not to have their data collected, Facebook’s approach actually costs money, potentially evading the DMA’s very specific focus on data-privacy and consumer choice.
Much like Apple, Meta is also at a crossroads – and possibly looking at fines for billions, too. The DMA also allows for fines of up to 10 per cent of a company’s annual global turnover. The fine would be so expensive it could put companies like Apple and Meta out of business, at least in the EU. So, the moment we are in now is a sign of things to come for the tech industry and a glimpse of what the EU wants for digital markets in the future: a truly level playing field for all, and consumers protected from big tech.
It’s too early to say which way Apple or Meta will go. Still, the way they respond to the DMA’s charges will help to define the path for all tech giants staring down similar regulatory landscapes around the world. The long-term consequences of their decisions will be felt by all of us who use the internet for culture, work and life.
And that confrontation with the DMA gives both Apple and Meta an opportunity to reset, to fundamentally change the way they do business. Adopting an approach that embraces the spirit of the DMA might pave the way for new innovations, resulting in a more competitive and diverse ecosystem – to the benefit of consumers and developers alike. The road ahead is not an easy one, but it is littered with opportunities to redefine the contours of digital markets.
Inside today’s tech debate, Apple is not just a corporation. It is a cultural icon – epitome of innovation, craftsmanship and unbeatable market power. Its products have transformed the digital life and the organisation of entire industries. its business model has changed the world of commerce. Apple’s story is not just one of technology itself but of the relationship between technology and society. Since its earliest days, the company has strained the imagination and the efforts of its leadership to achieve new heights of ambition, vision and mastery. To the present day, its adventures will further stretch the envelope, as Apple faces the DMA, the digital hardware-software monetary world, and beyond.
Apple’s future path following these charges will be crucial to debates about market power, data privacy and consumer rights. As the consequences of Apple and Meta entering uncharted waters unfold, the world is watching.
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