Apple’s war of words with Europe over its Digital Markets Act (DMA) is bleeding into the court system. Bloomberg reports that the company criticized the regulations at the General Court in Luxembourg. The European Commission is currently conducting its first formal review of the law. Apple lawyer Daniel Beard told the court reviewing the DMA that it “imposes hugely onerous and intrusive burdens.”
The language echoes Apple’s go-to framing of the regulations as an anti-consumer, anti-privacy hardship on the nearly $4 trillion company. “Over time, it’s become clear that the DMA isn’t helping markets,” the company wrote in a September blog post. “It’s making it harder to do business in Europe.” Apple even cited porn as one of the law’s alleged dangers. “For the first time, pornography apps are available on iPhone from other marketplaces — apps we’ve never allowed on the App Store because of the risks they create, especially for children.”
Apple also claimed the DMA caused it to delay several features. These include AirPods Live Translation, iPhone Mirroring in macOS, and the Visited Places and Preferred Routes features in Maps.
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The iPhone maker asked the EC to repeal the law in September. In response, the commission essentially told the company to shove it. “Apple has simply contested every little bit of the DMA since its entry into application,” EU spokesperson Thomas Regnier said. He added that the EC had “absolutely no intention” of ditching the law.
Bloomberg reports that Apple is challenging the DMA on three fronts. First is its requirement that rival hardware (like earbuds and smartwatches) work with the iPhone, which Apple claims is a security risk. The company also objected to the App Store’s inclusion under the rules and a probe into whether iMessage should have been included.
In response, EC lawyer Paul-John Loewenthal highlighted Apple’s immense power in Europe. He said the company’s “absolute control” over the iPhone has led to “supernormal profits” in markets where competitors can’t possibly compete on equal footing.
“Only Apple has the keys to that walled garden,” Loewenthal told the court. “It decides who gets it and who can offer their products and services to iPhone users. And through such control, Apple has locked in more than a third of European smartphone users.”
