Clifford Chance Advised Spotify in the EU Antitrust Probe Against Apple’s App Store Practices
Clifford Chance Advised Spotify in the EU Antitrust Probe Against Apple’s App Store Practices
Global law firm Clifford Chance successfully represented Spotify in the European Commission’s (EC) investigation into Apple’s anti-competitive practices relating to the rules that apply to music streaming developers on the App Store. On March 4, 2024, the EC concluded its investigation by imposing a record fine of €1.84 billion on Apple and ordering it to cease its abusive conduct immediately. Spotify, represented by Clifford Chance, filed the initial complaint that triggered the EC’s investigation.
The European Commission ruled that Apple abused its dominant market position by enforcing “anti-steering provisions” on music streaming services within the App Store. These provisions prevented developers from informing iOS users about potentially cheaper subscription options outside the App Store. The EC’s decision mandates Apple to remove these anti-steering provisions for music streaming apps on the App Store.
This case sets a significant precedent for global tech antitrust. It has sparked a comprehensive review of app store market dynamics and influenced legislative discussions on app store regulations in the EU, UK, and beyond.
“The Commission’s decision is a major achievement. It demonstrates the central role that competition enforcement can play in bringing about a digital economy that delivers better outcomes for consumers. As of today, Apple must allow music streaming services on iOS to do what may seem obvious but has so far been forbidden…to communicate freely with their users about where, how, and at what price to buy music streaming subscriptions. We are proud to have contributed to this outcome,” Clifford Chance’s London partner Stavroula Vryna, said.
The Spotify advisory team at Clifford Chance was jointly spearheaded by senior counsel Thomas Vinje, London partner Stavroula Vryna, and Brussels partner Dieter Paemen, receiving valuable assistance from senior associate Maarten Kennis, alongside associates Josh Kennion, Nhi Nguyen, and Chloe Barclay.
