Apple’s plan to allow alternative payment platforms for Dutch dating apps is reportedly rejected

By Scott Marlette Last updated Mar 27, 2022

Apple could be fined this coming week by the Netherlands’ ACM (Authority for Consumers and Markets) for continuing to take a cut of 15% to 30% of in-app payments for dating apps in the country that are downloaded from Apple’s App Store. Apple does not allow developers to offer alternative payment platforms for their apps and any developer that does faces expulsion, along with their related apps, from the App Store (see Epic v. Apple).

Apple continues to be hit weekly with a 5 million euro fine for failing to follow the orders of a Dutch watchdog agency

By failing to fully comply with the ACM, Apple currently owes over 45 million euros ($49 million) in penalties. The watchdog agency has charged Apple 5 million euros weekly since January for continuing to block alternative payment platforms for dating apps from the App Store. This past week was the ninth that saw Apple fined for failing to follow the order and once the amount Apple owes reaches 50 million euros, subsequent fines could be higher.

Apple now owes a Dutch watchdog agency 45 euros in fines related to the App Store

Reuters reports that Apple submitted a new proposal to the ACM last week hoping to get the weekly fines halted. However, an unnamed official at the ACM told the news agency that Apple’s proposal does not comply with its order. Earlier this month Apple told the agency that it was following the agency’s request by telling developers of Dutch dating apps that they could provide users with a third-party in-app payment platform.

However, Apple wants the developers to essentially create a separate app for the Dutch App Store and another for the App Stores used in other countries. Apple felt that this request was fair and would make sure “that Apple complies with its legal obligations in the Netherlands while at the same time having the ability to maintain its standard terms and conditions in the rest of the world.”

The ACM begged to differ responding that Apple’s plan created an unnecessary barrier. Back in 2019, the watchdog agency started an investigation to determine whether Apple was abusing its dominant market position. That investigation was later reduced in scope to cover dating apps only, including Tinder.

Apple, according to the agency, abuses its domination of the market and has been ordered to revise its ban on third-party App Store payment platforms. Apple says that it does not abuse its position in the marketplace.

If the DMA does become law in the EU, Apple will also have to allow alternative payment platforms to collect in-app payments in the App Stores found in member countries. EU’s antitrust chief, Margrethe Vestager says that the Act could become law as soon as this coming October, or it could take until 2023 to pass.

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