Italy's competition authority announced on Tuesday that it has initiated an inquiry into Apple Inc over possible breaches of interoperability requirements established by the European Digital Markets Act (DMA). The probe focuses on whether Apple ensures that third-party consumer cloud providers can inter-operate with certain hardware and software elements of devices running iOS and iPadOS on the same terms and without charge.
The regulator explained that DMA obligations require Apple to enable effective, cost-free inter-operation between external consumer cloud services and the components of its devices and operating systems that the company controls. The authority said those third-party providers must be granted parity of access with Apple’s own iCloud offering.
According to the watchdog, there is evidence indicating that competing consumer cloud services do not appear to enjoy the same position as iCloud. The authority said these providers did not seem to have access to the same components used or made available to Apple’s service, a discrepancy that prompted the preliminary probe.
Apple responded on Wednesday with a statement asserting that it has complied with its obligations under the digital market rules and that it is ready to engage with the authority to address its concerns. The company also said that the particular iCloud-related issue under examination had not been raised previously during its extensive discussions with the European Commission on interoperability.
The Italian regulator noted that this inquiry is the first it has opened under the Digital Markets Act. The DMA grants national competition authorities the power to carry out preliminary investigations of potential gatekeeper conduct. The authority added that the findings from its probe will be forwarded to the European Commission.
At this stage the investigation is preliminary. The regulator’s statement describes observed differences in access between Apple and other consumer cloud providers but does not set out remedial steps or findings of non-compliance. Apple’s reply maintains the company’s position of adherence to the DMA and signals willingness to cooperate with the inquiry.
Context for markets and sectors
- Technology sector - the probe concerns a major platform provider and rules governing digital gatekeepers.
- Cloud services - consumer cloud providers are directly affected by the regulator's access and interoperability concerns.
- Regulatory oversight - national authorities and the European Commission are engaged under the DMA framework.