European digital groups urge Commission to reject Apple’s new App Store terms

A coalition representing app developers, digital businesses, news media publishers, consumer organisations and civil society organisations has criticised the European Commission’s apparent acceptance of Apple’s new business terms for its EU App Store.

In a letter addressed to European Commission President Ursula von der Leyen and Executive Vice-Presidents Teresa Ribera and Henna Virkkunen, the organisations said the terms announced by Apple on 18 August 2026 do not resolve the company’s non-compliance with the Digital Markets Act (DMA) and would not create an open and competitive mobile app ecosystem.

The groups pointed to Article 5(4) of the DMA, which requires gatekeepers to allow developers to communicate and promote offers to their users and to conclude contracts with them free of charge. The European Commission previously found Apple in breach of this requirement and imposed a €500 million fine in April 2025.

According to the organisations, Apple’s new terms nevertheless introduce a 15% fee for steering users towards offers outside the App Store. They argue that this conflicts with the Commission’s previous position that the price developers pay for steering and steered transactions should be zero. The letter acknowledges that the Commission’s 2025 decision allowed for remuneration related to the initial acquisition of a customer in principle, but argues that the new 15% fee does not meet the requirement that such remuneration be limited to initial acquisition and proportionate to its value.

The organisations also criticised Apple’s new fee structure for alternative app distribution. The Commission had previously raised concerns that Apple’s contractual terms, including its Core Technology Fee, could discourage developers from using alternative distribution channels. Apple’s new terms replace the Core Technology Fee with a 5% Core Technology Commission on transactions in apps distributed outside the App Store.

The coalition argues that the new commission would continue to impose a permanent cost on developers and alternative app stores, making it more difficult for competing distribution channels to reach sufficient scale. It said these costs could either be passed on to consumers through higher prices or discourage developers from using alternative channels.

The letter also raises concerns about non-monetary requirements attached to alternative distribution. These include mandatory developer registration, an app review process and contractual requirements imposed by Apple. According to the organisations, such conditions allow Apple to retain a significant role in determining how developers and competing app stores can reach users outside the App Store.

The groups further questioned the Commission’s handling of Apple’s compliance. They said the Commission’s apparent acceptance of the new terms had been communicated through informal public statements rather than a formal and reasoned decision. According to the letter, this leaves affected businesses uncertain about whether the conduct identified in the Commission’s April 2025 decision is considered resolved, whether proceedings concerning alternative distribution remain open, and how any such issues could be reviewed.

The coalition called on the Commission to consult affected businesses, provide transparency on the status of its proceedings and bring the relevant cases to a formal and reasoned conclusion. It argued that this would allow affected businesses to establish their legal position and assess possible further action.

The organisations also referred to Apple’s proceedings in the United States, where the company is subject to an order not to charge certain fees and where courts, including the US Supreme Court, have declined to stay the injunction.

The letter concludes by urging the European Commission not to accept Apple’s new terms as a global standard, arguing that doing so would undermine the objectives of the DMA.

The letter was signed by:

The Coalition For App Fairness
App Fair Project
Approov
ARTICLE 19
Cryptee
Digital Content Next
European Games Developer Federation
European Publishers Council
European Tech Alliance
France Digitale
iconomy
Japan Association of New Economy
News Media Europe
Online Dating and Discovery Association
SkyDemon
Uptodown