EU’s Breton warns gatekeepers against silencing developers in Apple, Epic Games spat

The iPhone maker on Wednesday terminated a new developer account created by Epic in Sweden in an attempt to put Fortnite and other games back on iPhones in Europe by running its own game store on Apple’s devices. It cited Epic’s past breaches of contract in the long-running legal dispute.

Epic Games had sought to take advantage of landmark EU rules known as the Digital Markets Act (DMA) which kick in on Thursday and require Apple to open up its closed eco-system to rivals.

Breton criticised Apple’s decision.

“Under the #DMA, there is no room for threats by gatekeepers to silence developers. I have asked our services to look into Apple’s termination of Epic’s developer account as a matter of priority,” he said on X social media platform.

The European Commission had earlier on Thursday said it had asked Apple to explain its actions under the DMA.

The EU executive will also evaluate whether Apple’s actions comply with the DSA (Digital Services Act) and the P2B (Platform to Business Regulation), “given the links between the developer programme membership and the App store as designated VLOP (very large online platform)”.

Under the DSA, decisions suspending or terminating accounts have to be proportionate and with due regard to fundamental rights while the P2B requires a platform to notify a business user when terms and conditions are changed and before an account is closed.

Apple reiterated its rights on Thursday.

“Epic’s egregious breach of its contractual obligations to Apple led courts to determine that Apple has the right to terminate ‘any or all of Epic Games’ wholly owned subsidiaries, affiliates, and/or other entities under Epic Games’ control at any time and at Apple’s sole discretion’,” an Apple spokesperson said.

“In light of Epic’s past and ongoing behaviour, Apple chose to exercise that right.”

Epic on Wednesday said Apple was removing one of the largest potential competitors to the Apple App Store.

(Reporting by Foo Yun Chee; Editing by Susan Fenton, Toby Chopra, Kirsten Donovan)

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