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Apple doesn’t play fair!
Apple’s Unfair Moves
Apple used its dominant position to charge extra fees on music streaming services offering subscriptions in the App Store, which led to iPhone and iPad users having to pay up to 30% more:to cover these fees, services like Spotify increased their prices specifically for iOS users, with fees rising from €9.99 to €12.99 per month. Meanwhile, Apple’s own service, Apple Music, faced no such charges.
Apple also blocked these music streaming services from informing users about cheaper subscription options available directly through their websites. This behavior iss not only unfair and anti-competitive but also illegal. In March 2024, the European Commission fined Apple €1.8 billion for abusing its dominant position. BEUC helped lay the grounds for this decision – with the support of Testaankoop, OCU, Altroconsumo and Deco – by intervening in the case to defend consumers’ voice.
Why we’re taking Apple to court
Euroconsumers is launching a coordinated class action in Belgium, Italy, Spain, and Portugal. Every iOS user who overpaid for their music streaming subscription deserves to get their money back. Our goal is to hold Apple accountable and make them return the undue charges paid by consumers.
- Who’s in? All iPhone and iPad users who paid extra for non-Apple music streaming subscriptions via the App Store since 2013.
- Why Join? To stand up against Apple’s power abuse and demand fair compensation.
- What’s the Score? On average, €3 per month paid in extra charges since July 2013.
How this hits you in the pocket
For years, Apple made unfair profits—approximately €259 million in Europe—by overcharging consumers through their non-Apple music streaming services. Now, it’s time for Apple to make things right. We are fighting to reclaim the overpaid money for more than 500,000 victims in Belgium, Italy, Spain, and Portugal.
Reclaim what’s yours – Join the class action now!
Euroconsumers is taking a stand against Apple’s power abuse, sending a strong message to all market players: with power comes responsibility. Fair competition ensures that consumers have access to quality services at fair prices. When companies exploit their dominant position to jeopardize this, we will hold them accountable and stand up for a fair digital market.
Empower yourself by joining this class action against Apple’s unfair play. Together, we can reclaim the money that was unfairly taken and work towards a fair digital market with transparent, innovative, and competitive products and services.
Join here
Belgium:
NL: Test-aankoop.be/applemusic
Italy: https://www.altroconsumo.it/azioni-collettive/apple-streaming/
Spain: https://www.ocu.org/acciones-colectivas/apple-abusos-streaming
Portugal: https://www.deco.proteste.pt/acoes-coletivas/apple-streaming
Questions?
Why this class action?
What exactly did Apple do wrong?
• The tech player imposed its own in-app purchase payment technology on musicstreaming app developers (‘IAP’ obligation), that comes with a 30% commission fee tobe paid to Apple.
• Moreover, Apple prohibited music streaming services of informing their users aboutcheaper subscription options. They were blocked of redirecting iOS app users outsidethe Apple app Store ecosystem, i.e. towards the websites of the music streamingservices, where subscriptions were offered at a lower price, without the 30% overchargecosts.
This is not fair towards these 3rd party music streaming services. And it is for sure not fairtowards the millions of users of these non-Apple music streaming services that needed to payup to 30% extra!The European Commission agrees. It called Apple’s behavior anti-competitive and illegal andfined the tech giant in March 2024 with €1.8 billion for abusing its dominant position. BEUC helped lay the grounds for this decision - with the support of Testaankoop, OCU, Altroconsumo and Deco - by intervening in the case to defend consumers’ voice.
How did Apple’s unfair behaviour affect consumers?
• Spotify: increased prices from EUR 9.99 to EUR 12.99 for iOS users to cover Apple’scommission fees, losing price competitiveness in the process
• Deezer: increased prices from EUR 9.99 to EUR 12.99 for iOS users to cover Apple’scommission fees, losing price competitiveness in the process.
• SoundCloud: Raised its "Go+" premium subscription price on iOS to EUR 12.99 comparedto EUR 9.99 on other platforms due to Apple’s restrictive policies.
• Qobuz: Indicated that it would be unable to cover operating expenses without passingthe 30% commission fee to iOS users.
Who is affected? Who is part of the class?
How big is the class/group affected consumers?
What streaming services are involved?
What timeframe is covered by the class action?
Apple’s unfair behaviour started in July 2013 when it introduced the fees for the mandatory useof its own in-app purchase payment method on non-Apple music streaming services withoutallowing them to refer to cheaper subscription options, and this is ongoing as we speak.
What is the compensation per consumer?
• The overcharge is the difference between the online subscription (in browser) and thein-app purchase price for the music streaming subscription. This is on average €3/month, but the exact amount will depend on the music streaming service (see tablebelow).
• This needs to be multiplied by the number of months the affected consumer wassubscribed in-app to the music streaming service.
How much can music streaming service subscribers expect on average?
Spotify: 109 €
Youtube: 125 €
Amazon Music: 39 €
Soundcloud: 107 €
Tidal: 168 €
Napster: 200 €
However, this is an average, not based on user-specific data (i.e. when user subscribed andstopped IAP payments). Some users might be entitled to much more damages, as they mighthave been overcharged for years. Others might only have a few months of IAP payments.
What is the total amount of damage to be covered by Apple?
• For Belgium: 6.76 M
• For Italy: 25.80
• For Spain: 25.11 M
• For Portugal: 4.42 M
What is the legal basis?
Are there legal precedents?
• First of all, in March 2024 the European Commission has fined Apple over € 1.8 millionfor abusing its dominant position on the market for the distribution of music streamingapps to iOS devices through its App Store. The European Commission has already takenaction against companies before for similar anti-competitive practices under EUantitrust rules
.• In the UK Apple is already defending itself against similar class action claims on behalf ofrepresentatives of both consumers and UK based developers.
• In the US Apple settled with a class of small developers for similar charges for abuse ofpower in 2021
What do we want to achieve with this class action?
European Commission has condemned and fined this behaviour, it’s about time Apple makesthings right for consumers and refunds every euro they charged extra.However, this action is not merely about getting compensation for consumers in Belgium, Italy,Spain and Portugal. With this class action Euroconsumers wants to take a stand against powerabuse and send a clear message to Apple and all other market players for that matter: withpower comes responsibility, not abuse. Fair competition is key to secure a well functioningmarket with high quality goods and services at the best price for consumers. Whenever oneplayer misuses its dominant position for its own benefit and to the detriment of other businessplayers and consumers, Euroconsumers will call out this anti-competitive behaviour and holdthem accountable
What is the potential outcome of this class action?
When will this action be in court?
How long might this class action take?
Why Apple and not Android?
What is the role of the European Commission in this class action?
How did Apple react to the accusations?
How will the European Commission ensure compliance from Apple going forward?
Why is this action so important?
Does this mean music streaming subscriptions will become cheaper?
What impact could this case have on the future of app store policies?
Can this fine/case against Apple have an impact on other apps in the Apple store?
Can this fine/case against Apple change the way other app stores operate?