Free Software Foundation Europe intervenes in landmark Apple vs European Commission case

Apple challenged obligations as “gatekeeper” under Digital Markets Act

The Free Software Foundation Europe (FSFE) has been granted the right to intervene in Apple’s legal challenge against the Digital Markets Act (DMA) at the EU’s highest court. The DMA entered into force starting in 2022 and set out new obligations and prohibitions for tech companies that qualify as “gatekeepers”. Gatekeepers are defined by the European Commission, and are so-called core platform services, including Apple’s iOS and AppStore. DMA rules aim to ensure healthy competition and fair access to the market for new services.

Apple, designated as a “gatekeeper” by the European Commission, is contesting the obligations imposed on its operating system and app store. This case raises critical concerns for software freedom, prompting FSFE to step in to hold Apple accountable under the DMA in a developer-friendly way.

As one of the largest tech companies globally, Apple is wielding unbalanced power across key areas of software and devices. This dominance significantly distorts digital markets, harming not only market competition but also software freedom, the open internet, and ultimately digital democracy. Apple has taken an aggressive position against the DMA, trying to dodge the rules over its app store and interoperability of its operating system in front of the Court of Justice of the European Union (case T-1080/23).

FSFE calls to dismiss Apple’s case

The FSFE is countering Apple’s position by proving that the company is being regulated in light of public interest. In the arguments presented, the FSFE contends that for reasons of fair competition, cybersecurity and consumer protection, the case be dismissed completely. The DMA represents a step forward for levelling the playing field among big tech and smaller free software developers, so Apple must also compete on trust and product quality, rather than obstructing alternative services or confining users with lock-in practices.

Following its designation as a gatekeeper, Apple countered by submitting a formal plan to “open” its App Store and operating system to comply with the DMA. However, Apple’s approach is riddled with technical and procedural barriers. This makes it nearly impossible for competitors – especially Free Software developers – to enter the ecosystem, as the FSFE, along with nine other stakeholder organisations flagged already last June.

Landmark case for Free Software users and developers

If the FSFE is successful, Free Software developers will face fewer restrictions, gaining the ability to distribute software freely, enable side-loading, and demand interoperability with Apple’s systems. Users will enjoy greater freedom of choice, benefiting from increased competition and access to alternative app stores, features, and solutions. This case can be considered as a landmark test for the DMA’s enforcement. Its outcome will likely define how far gatekeepers can go in shielding their market dominance. By intervening, the FSFE underscores the importance of prioritising public interest over corporate self-interest, aiming to ensure that the DMA fulfils its promise of breaking down monopolistic barriers, fostering innovation, and providing developers and consumers with meaningful alternatives.

Contribution by: EDRi member, Free Software Foundation Europe