EU uses DMA to force Apple interoperability

Specifically, the EU's rule-making body has opened two so-called specification proceedings which it says are designed to help the iPhone maker comply with its regulatory requirements under the recently-enacted Digital Markets Act.

The act came into force in May last year. Amongst myriad other things, it requires Apple to provide free and effective interoperability to third party developers with its operating systems for the iPhone and iPad. Essentially, the message to Apple is to open up, or else.

The Commission is playing down the 'or else' element at this stage though. It made it clear that Apple could face fines and penalties for not opening up access to its operating systems as required. However, it is pitching the action it is taking as a dialogue between itself and Apple, rather than a heavy-handed regulatory slap-down.

The proceedings – the first focuses on a number iOS connectivity features and functionalities used for and by connected devices, and the second examines the process Apple has set up to address interoperability requests – are designed to assist Apple in complying with the rules, the Commission insists. They do not represent an official probe, as such, but rather formalise the Commission's interactions with Apple on this area of the DMA.

It's a question of semantics though. This is just another area in which the Brussels is flexing its regulatory muscle to try to make Apple and the other other tech giants play by its rules. The EU is already using the DMA to investigate Apple's distribution rules regarding its App Store, for example.

"Today is the first time we use specification proceedings under the DMA to guide Apple towards effective compliance with its interoperability obligations through constructive dialogue," said Margrethe Vestager, Executive Vice-President in charge of competition policy at the Commission, in a statement that has clearly been very carefully written.

"We are focused on ensuring fair and open digital markets. Effective interoperability, for example with smartphones and their operating systems, plays an important role in this," Vestager said. "This process will provide clarity for developers, third parties and Apple. We will continue our dialogue with Apple and consult third parties to ensure that the proposed measures work in practice and meet the needs of businesses."

Although the Commission it merely "helping" Apple at this stage, it could seek to take action against it further down the line.

The aforementioned proceedings must be completed within six months, during which time the Commission will communicate its findings to Apple, outlining the measures it should take to ensure that its operating systems comply with the requirements of the DMA. It will publish a summary of its preliminary findings and proposed measures, and will call on third parties to comment.

The Commission could take things further though, should Apple not be fully on board with its guidance, and that's where the prospect of financial penalties comes in.

Doubtless Apple is overjoyed at the prospect of all this assistance.