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Apple is throwing a hissy fit over EU antitrust rules—and it’s not paying off

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David Meyer
David Meyer
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Nicholas Gordon
Nicholas Gordon
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By
David Meyer
David Meyer
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Nicholas Gordon
Nicholas Gordon
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March 5, 2024, 11:26 AM ET
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Apple CEO Tim Cook greets customers at the company's Fifth Avenue store in New York on Feb. 2, 2024. Bing Guan—Bloomberg via Getty Images
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Good day—I’m David Meyer in Berlin, standing in for Peter today. 

When Epic Games CEO Tim Sweeney yesterday described Apple’s reaction to its $2 billion (€1.8 billion) EU antitrust fine as “bitter griping,” it was hard to disagree. Apple’s statement accused Spotify—the complainant in the case, which revolved around Apple’s refusal to let streaming companies tell their iOS users about cheaper off-platform subscriptions—of “coordination with the European Commission.” It also accused the Commission of trying to enforce the EU’s blockbuster new tech antitrust law, the Digital Markets Act (DMA), before it comes into force on Thursday. Needless to say, Apple is appealing the fine.

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As for Apple’s compliance with the incoming DMA, Tim Cook’s firm has taken as petulant a stance as it possibly could. The law wants Apple to allow third-party app stores on iPhones, so Apple introduced a new junk fee for developers who dare to use that new facility. The law wants Apple to let third-party browser developers like Google and Mozilla build their iOS browsers on engines other than Apple’s WebKit, so Apple implausibly claimed this also applies to the web apps that people can add to their home screens like regular iOS apps and killed those off in the name of security. The European Commission threatened an investigation, leading Cupertino to back off with its tail between its legs.

For Apple, which is desperate to maintain its ability to take a fat cut of all in-app transactions on iOS, almost everything about the DMA is just so unfair. Now, contrast this response with that of Google—which, unlike its rival, has already been through plenty of showdowns with the Commission’s antitrust directorate and is now billions of dollars poorer for it.

Here’s Google’s statement of DMA compliance, issued today. The tone is calm and measured. Android users will get to choose their search engines and browsers when they set up their devices, and Chrome users will also be prompted to choose their search engine on desktop and iOS. As for third-party app stores, well, Google already allows those, and it already lets developers offer their own billing systems for in-app transactions, without even having to offer Google Pay as an option. 

“We have approached compliance with transparency and meaningful product changes, even where we have concerns that some rules will reduce the choices available to people and businesses in Europe,” wrote Google competition director Oliver Bethell. Point made, but it would be hard to call this malicious compliance—a characterization Sweeney and others have understandably applied to Apple’s DMA reaction.

It’s not like Google doesn’t have reason to be annoyed at Commission antitrust chief Margrethe Vestager and her team—after all, she may soon break up Google’s cash cow advertising technology business. But that threat is a very good reason to play nice. Apple, which I believe will soon find itself on the sharp end of a DMA investigation over the aforementioned junk fees, would do well to remember that thumbing one’s nose at Europe’s antitrust enforcers is rarely a winning tactic.

More news below.

David Meyer

TOP NEWS

Lab-made diamonds

Gen Z shoppers are turning to lab-grown diamonds instead of the real thing—with some on social media claiming that they’re making the more sustainable choice. But Alexander Lacik, the CEO of Pandora, the world’s largest jewelry retailer, says the reason is much simpler. “It’s a matter of value,” he says, noting that shoppers can get a bigger lab-grown diamond for less money. “Women like bigger stones,” he says. Fortune

Granola stocks

Europe has its own version of the “Magnificent 7” in the so-called granola stocks: a grouping coined by Goldman in 2020 that includes GSK, Roche, ASML, Nestle, Novartis, L’Oreal, LVMH, AstraZeneca, SAP and Sanofi as the best growth prospects in Europe. These stocks were responsible for 60% of all gains on the Europe-wide STOXX 600 index last year. Importantly, these companies are doing well despite broader stagnation in Europe, with the stocks performing best when annual GDP growth falls below 3%. Fortune

Badly broken Bayer

Bayer CEO Bill Anderson is dismissing calls to split up the drug company, blaming debt, costly Roundup litigation, and internal red tape. Bayer is “badly broken,” Anderson said, while also announcing €2 billion ($2.1 billion) in cost cuts by 2026. Bayer warned that earnings before interest, tax, depreciation and amortization will drop by 9% in 2024, following a 13% drop last year. Financial Times

AROUND THE WATERCOOLER

Polestar CEO says rivals like Mercedes, Ford, and Aston Martin that are delaying EV production to wait for consumers to catch up are falling into ‘an incredible trap’ by Prarthana Prakash

The chairwoman of Sweden’s biggest pension fund—which has a track record of awful investments—quits after just 1 week on the job by Ryan Hogg

The Gen Z and millennial rebellion against full-price luxury is hurting Burberry and Kering, but propping up secondhand marketplaces by Prarthana Prakash

France has major beef with faux steak—and it’s banning the use of 21 words to describe plant-based meat that way by Sasha Rogelberg

Politico’s publisher attacks Google yet again—and this time its logic is more straightforward by David Meyer

Universal Music Group and TikTok went to war over the use of music—now, their deadlock is getting worse, and artists and creators are taking a hit by Prarthana Prakash

This edition of CEO Weekly Europe was curated by Nicholas Gordon.

This is the web version of Fortune CEO Weekly Europe, a newsletter on the companies and industry leaders shaping every facet of business in Europe. for free.

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Nicholas Gordon is an Asia editor based in Hong Kong, where he helps to drive Fortune’s coverage of Asian business and economics news.

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