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Apple and the ACM: Investigation and Invoice

Apple’s got an investigation and another invoice in the Netherlands. A piece from Apple Insider says:

An antitrust regulator in the Netherlands is once again investigating whether Apple has done enough to comply with its order over dating app alternative payment options, after Apple said it would still require developers to pay a 27% commission for using a third-party payment system.

I know you know, but we’ll quickly recap: Over the holidays, Dutch regulators ruled that Apple would have to give developers behind dating apps the option to use payment methods besides Apple’s own in-app payment mechanism. Apple eventually said, “okay,” though the company did make it clear that it still planned to collect a commission, though at a reduced rate. Then last Friday, Apple said that “reduced” rate would be 27% - just a tiny bit less than the usual 30%. This caused much consternation among some developers and, it seems, Dutch authorities as well. Well, maybe with Dutch authorities. The Authority for Consumers and Markets (ACM) in the Netherlands saying it is examining the changes Apple's made to see whether it’s now in compliance with ACM rules. In the meantime, they’re gonna have to cough up that dough.

Back in January, the ACM started fining Apple five-million euros a week for not complying with the third-party payment method mandate. Though Apple had said it would comply, saying and doing are two different things and the fine was for not doing. Those fines are apparently levied on Mondays, since - according to a piece from MacRumors, the third was levied yesterday. According to the report:

The ACM [Monday] said it has still not received enough information from Apple to assess whether Apple has properly complied with the order, (…) The competition regulator will continue to fine Apple five million euros per week, up to a maximum of 50 million euros, until it finds the company has come into compliance.

Or… you know… until it hits €50 million euros. That’s an amount that Loup Ventures principal Gene Munster figures Apple could make in about five-hours.

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