Apple has mounted a wide-ranging legal challenge to the European Union’s Digital Markets Act (DMA), telling the General Court in Luxembourg that key obligations imposed on the iPhone ecosystem are disproportionate and interfere with the company’s rights in the EU market. The hearing took place on Tuesday, 21 October.
Representing Apple, barrister Daniel Beard argued that the DMA “imposes hugely onerous and intrusive burdens”, framing the case as a test of how far Brussels can go in dictating design and access rules for large platforms. According to the account of the hearing, Apple is contesting the law on three fronts: hardware and software interoperability requirements affecting iPhone; the European Commission’s specification decisions requiring changes to the App Store; and the process by which the Commission examined whether iMessage should fall under the DMA.
For the Commission, lawyer Paul-John Loewenthal told judges that Apple’s “absolute control” of the iPhone lets it earn “supernormal profits” in adjacent markets where rivals cannot compete on equal terms. His remarks reflect the EU’s core theory of harm: that gatekeepers can leverage control of one platform to limit competition elsewhere. Reports from the hearing indicate the Commission views Apple’s restrictions as creating an exclusionary position across complementary services and accessories.
Interoperability is central to the dispute. The DMA requires designated “gatekeepers” to open up certain interfaces and functionalities so competitors can interconnect with core platform services. Apple’s challenge targets obligations that could give third-party devices—such as smartwatches or headphones—access to iOS features like automatic pairing or audio switching. Apple contends that mandated access risks undermining security, privacy and product integrity. Bloomberg+1
The App Store is the second front. In April, the Commission issued its first non-compliance decisions under the DMA, finding that Apple’s anti-steering rules unlawfully restricted developers from directing users to alternative payment options or external purchasing channels. Apple was fined €500 million and ordered to change its terms. The company has appealed, arguing the decision misinterprets the Act, while simultaneously revising EU App Store policies to allow external links and alternative payment routes pending the legal process.
The third strand concerns messaging. The Commission previously examined whether Apple’s iMessage should be designated a “core platform service”, which would have triggered interoperability duties vis-à-vis rival messengers. The Commission ultimately decided not to subject iMessage to full DMA obligations. Apple’s court filing nonetheless challenges aspects of the inquiry’s handling, arguing that the investigative step was procedurally flawed.
Tuesday’s hearing forms part of a broader litigation campaign. Apple has separately asked EU regulators, as part of the DMA’s scheduled evaluation, to reassess the law’s effects on users and innovation, saying EU consumers face delays in new features and increased security risks due to mandated openness. The company has also published its own assessment of the DMA’s impact on EU users, emphasising fraud, malware and payment risks associated with third-party app distribution and alternative payment systems. The Commission, for its part, is continuing compliance reviews and has warned of further action if revised terms fall short.
Apple’s legal arguments reach beyond case-specific measures to question the proportionality and legal basis of certain DMA obligations. Recent entries on the EU’s Official Journal indicate that Apple’s pleas include claims that elements of Article 6—covering interoperability and access conditions—conflict with the EU Charter of Fundamental Rights and exceed the Commission’s competence when transformed into binding specifications for iOS and iPadOS. Those filings seek annulment of parts of the Commission’s decisions.
The DMA, adopted in 2022 and operational for designated gatekeepers from March 2024, seeks to ensure contestability and fairness in digital markets by prohibiting a set of practices and by imposing affirmative obligations on very large platforms. Apple, Meta, Alphabet, Amazon, ByteDance and Microsoft are among those under the regime. Fines can reach up to 10% of global turnover—20% for repeat infringements—and periodic penalties can follow non-compliance decisions. The April decisions against Apple and Meta marked the first use of these powers. Both companies are appealing.
A ruling on Apple’s challenge is unlikely immediately. The General Court typically takes months to issue judgments in complex competition and regulatory cases, and any decision could be appealed to the EU’s highest court. In the meantime, enforcement proceeds in parallel: the Commission will scrutinise Apple’s revised App Store terms and any technical measures taken to meet interoperability mandates. Developers and accessory makers will watch closely, since the outcome will shape how far they can integrate with iOS and what terms apply when directing users to alternatives outside Apple’s own channels.
EU Fines Apple and Meta €700 Million Under Digital Markets Act
