EU’s “Unlawful” Steering Definition at Core of Apple’s €500M Fine Appeal

The “unlawful expansion of the definition of ‘steering'” by the European Commission is at the heart of Apple’s appeal against the €500 million fine levied by the EU. This legal battle is centered on the precise legal interpretation of how app developers can communicate external offers to users.
The significant penalty was imposed in April, following the Commission’s determination that Apple had breached the Digital Markets Act. The alleged breach involved Apple’s prevention of app developers from directing users to more cost-effective deals located outside of its App Store.
Even after making changes to its App Store rules to comply with the EU’s order and avoid substantial daily fines, Apple now claims that Brussels is mandating the operation of its store and enforcing “confusing” business terms. The company argues these terms are detrimental to both developers and the end-users.
Apple’s appeal focuses heavily on the EU’s reinterpretation of “steering,” contending that it now includes in-app promotions, which was not the original understanding. This redefinition, Apple believes, unfairly expands the scope of its obligations.