Antitrust launches investigation into Apple for Cloud services. First application of the DMA

The Antitrust has started an investigation against Apple regarding compliance with the obligation to interoperability foreseen by Digital Markets Act operating systems are subjected to iOS e iPadOS of Apple.

Apple, spiega l’Authoritymust guarantee third-party service providers cloud consumerfree 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 for the service iCloud of Apple.

Doubts about equal access

L’Authority “has evidence to believe that third-party providers of consumer cloud services may not be placed in the same Apple’s iCloud service termsbecause they do not appear to have access to the same components used or otherwise made available to the iCloud service”.

Example on cloud storage services

As an example, continues theAntitrust,” it would appear that Apple does not allow end-user services to cloud storage alternatives to use the components of iOS and iPadOS that allow you to make a backup full of the data present on the devices, which is instead permitted to Apple’s iCloud service”.

Application of the Digital Markets Act

It is the first time that theAuthority exercises the powers provided for in article 38, par. 7, del Dma (Digital Markets Act), specifically attributed by law 30 December 2023, n. 214, containing “Annual law for the market and competition 2022”, and, in particular, article 18, “Measures for the implementation of Regulation (EU) 2022/1925 of the European Parliament and of the Council, of 14 September 2022, relating to fair and contestable markets in the digital sector”.

Cooperation with the EU commission

According to this law, theAuthority can lend support to European Commission with the carrying out of preliminary investigations pursuant to the DMA. The procedure was started in close cooperation with the EU Commission. The results of the investigationAgcm will be transferred to the European Commission to support it in exercising its role as the sole authority responsible for applying the DMA.