Following investigation, the Consumer Protection Cooperation (CPC) Network of national consumer authorities (led by those in Belgium, Germany and Ireland) and the European Commission have notified Apple about several potentially prohibited geo-blocking practices that the CPC Network has identified on certain Apple Media Services, including App Store, Apple Arcade, Music, iTunes Store, Books and Podcasts. The network requested Apple to align their practices with the EU’s anti-geo-blocking rules.
The CPC Network found several limitations on Apple Media Services which, it thinks unlawfully discriminate European consumers based on their place of residence. Consumers face limitations when it comes to:
- Online access: Apple Media Services have a different interface for different countries in the EU/EEA. In the app version of these services, consumers are only allowed to access the interface made for the country where they have registered their Apple account and face significant challenges when attempting to change this, which is not permitted under EU’s anti-geo-blocking rules.
- Payment methods: When making paid purchases on Apple Media Services, consumers are only allowed to use means of payment (such as a credit/debit card) issued in the country where they registered their Apple account.
- Downloading: Since App Store does not allow consumers to access the version of another EU/EEA country, consumers are not allowed to download the apps offered in other countries.
The Geo-blocking Regulation prohibits unjustified discrimination between EU customers on the basis of their nationality, residence, or place of establishment when they want to buy goods and services from traders located in a different member state. The Services Directive requires that general conditions of access to a service do not contain discriminatory provisions relating to the nationality or place of residence of the service recipient, unless directly justified by objective criteria.
Next steps
Apple now has one month to say how they will address the identified geo-blocking practices. Depending on Apple’s reply, the CPC Network may enter into a dialogue with the company. If Apple fails to address the concerns raised by the CPC Network, national authorities can take enforcement measures to ensure compliance. This is without prejudice to the power of national authorities to take enforcement measures in ongoing national proceedings.
