Apple allows 3rd party payments in the Dutch App Store, but also not really
The Epic versus Apple was one of the crazy tech stories of 2021. Want a quick recap? Epic trolled Apple by putting a 3rd party payment option in Fortnite for iOS, bypassing Apple’s fees entirely. Apple responded swiftly by removing Fortnite for blatantly breaking the App Store rules and guidelines. Epic fired back with a lawsuit it had at the ready.
So, court ruled that no, Apple isn’t obligated to allow other app stores on its own platform. However, Cupertino is to allow app developers to put a link for outside payments in their apps, giving customers a choice between an App Store purchase and 3rd party payment.
It’s worth noting that the Epic vs Apple case sent ripples throughout the world and other countries also started to look into the anti-competitive Apple allegations.
Just a month ago, the Dutch Authority for Consumers and Markets (ACM) ordered Apple to make changes for dating apps on offer in the Apple App Store in the Netherlands by mid-January 2022.
So, this brings us to today —
Apple allows Dutch dating apps to use 3rd party payment options
But — there’s a but — Apple will still get commission from these payments. The percentage is not mentioned — Apple usually has a 15% – 30% commission on App Store and in-app purchases that go through its App Store system. We imagine its cut on outside payments isn’t going to be much smaller.
Lastly — and of course that would be the case — if an outside payment option is used, Apple will not provide any sort of assistance for refunds, subscription management, or payment history.
Is this what’s happening to the App Store in the US?
[Apple] are hereby permanently restrained and enjoined from
prohibiting developers from (i) including in their apps and their metadata buttons, external links,
or other calls to action that direct customers to purchasing mechanisms, in addition to In-App
Purchasing and (ii) communicating with customers through points of contact obtained voluntarily
from customers through account registration within the app.
Take note of the wording — “in addition to In-App Purchasing”. Now, this author here does not speak fluent legalese, but it looks like Apple may not be able to put the same “Use one payment option or the other” restriction.
Who’s right — Epic or Apple?
On the other hand, it’s hard to ignore that Apple has become a true behemoth in the tech world and anyone who wants to create a gadget, accessory, tracker, camera, app, game, et cetera, et cetera, kind of needs to be on an Apple platform or they risk losing out on a ton of potential customers.
In the words of Judge Yvonne Gonzalez Rogers who presided over the Epic vs Apple case — “Success is not illegal”. Fair enough, but will the same be true if Apple decides to raise its App Store commissions to 50%? 70%? Surely, it won’t, but that’s just a thought experiment.
This is why, in 2020 — when the Epic vs Apple argument first started — a number of high-profile companies started the “Coalition for App Fairness” (CAF). Spearheaded by Epic, Spotify, Match Group, and Tile among others, the group demands for lower fees and less restrictive rules on Apple’s App Store and Google’s Play Store. This whole thing is far from over.
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