EU Commission to send ‘a Letter of Fact’ to Apple containing new evidence – Report

Regarding its investigation into the Apple iOS ecosystem, Reuters reports that EU Commission might send the tech giant ‘a Letter of Fact’ containing new evidence to reinforce the original charges.

Apple vs. Spotify

In 2019, the Swedish music streaming service, Spotify filed a complaint against Apple in the EU Commission accusing the tech giant of anti-competitive behavior. It was alleged that the Cupertino tech company forces developers to use its own payment system on iOS, charges a 30% commission for all in-app purchasing on the App Store, and restricts them from informing users of alternative payment methods.

Spotify claimed that App Store policies restricted competitors on iOS to boost Apple Music. Subsequently, the EU Commission launched an investigation into the accusations and informed the Cupertino tech company that it was in violation of the EU’s anti-competitive laws in 2021.

EU Commission-Apple charge sheet

Apple will be able to counter the EU’s charges with a written submission

Initially, it was reported that the EU will send Apple “a Statement of Objections or a charge sheet”. Later it was said that the company will be served a “Supplementary Statement of Objections” which lays out new charges or changes the original charges.

Now it is said that the Commission is expected to send “a Letter of Facts” to the Cupertino tech giant which typically includes new evidence reinforcing the original charges that can be countered by the receiver with a written submission.

Apple

However, the report does not mention what the Commission charged Apple with and the supporting evidence.

The tech giant is facing another investigation by the Commission on the allegation that it “unfairly” restricts access of Apple Pay on iPhone to third-party payment service providers which is a violation of EU law. In that investigation, the EU officially sent the Statement of Objections or a charge sheet to the tech giant in May this year.

The alleged practices in both cases will be illegal under new EU tech rules known as the Digital Markets Act that will come into force next year with penalties as high as 10% of a company’s global turnover.

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