EU puts Apple in crosshairs over its geo-blocking, one month to respond

Brussels – The inability to access audio and video content when abroad for pleasure or work—in short, geo-blocking, the practice of geographic barriers Apple allegedly created for consumers across Europe. That’s why the European Commission is now asking Apple to “bring its practices into line with the EU’s anti-geo-blocking rules,” particularly for its App Store, Apple Arcade, Music, iTunes Store, Books and Podcast services.

The Consumer Protection Cooperation Network has asked the Community Executive to open the investigation and conduct the appropriate checks. The consumer rights protection authorities found a series of restrictions on Apple Media Services that, according to the network’s assessment, unlawfully discriminate against European consumers based on their place of residence. Restrictions that affect payment services, as well as the ability to download products from the network.

Apple would violate at least two EU regulations by restricting access to services: the regulation on geographic blocking (geo-blocking) and the Directive on Services. The first prohibits unjustified discrimination among EU customers based on their nationality, residence, or place of establishment when they wish to purchase goods and services from merchants located in a different member state. The second requires that the general conditions of access to a service must not contain discriminatory provisions relating to the nationality or place of residence of the recipient of the service unless directly justified by objective criteria.

Apple now has one month to respond to the findings made by consumer protection authorities. If the company decides not to respond, the national authorities may decide to take enforcement measures to ensure compliance, which means fines.

“No company, large or small, should unfairly discriminate against customers based on their nationality, place of residence, or place of establishment,” thunders Margrethe Vestager, Vice President of the executive.“Preventing geo-blocking helps consumers access the goods and services they want across Europe and strengthens the functioning and integrity of our Single Market.”

The same line and equal firmness are expressed by Vera Jourova, Commissioner for Values and Transparency. “European consumers have the same rights across the EU, so we call on Apple to break down the barriers created by geo-blocking and bring its practices in line with EU law.” She further reiterates the point: “Consumers across the EU should have equal access to goods and services. Discrimination against them by companies based on place of residence or nationality is unacceptable.”