Clifford Chance

Clifford Chance Successfully Represents Spotify in the European Commission's Antitrust Investigation Against Apple for App Store Abuses

Global law firm Clifford Chance has represented Spotify in the European Commission's (EC) investigation into Apple's anti-competitive practices relating to the rules that apply to music streaming developers on the App Store. On 4 March 2024, the EC concluded its investigation by imposing a record fine of EUR 1.84 billion on Apple and ordering it to cease its abusive conduct immediately. Spotify filed the initial complaint that triggered the EC's investigation.

The EC's decision found that Apple has abused its dominant position by imposing so-called 'anti-steering provisions' on music streaming developers on the App Store. These anti-steering provisions prevent music streaming services from informing their own users on iOS about alternative and cheaper music subscriptions available outside of iOS apps. The EC's decision orders Apple to stop applying these anti-steering provisions on developers offering music streaming services on the App Store.

This is a landmark case for global tech antitrust, having prompted a thorough antitrust review of app store market dynamics and influenced legislative discussions in the EU, the UK, and beyond.

Commenting on the decision, London partner Stavroula Vryna, said: "The Commission's decision is a major achievement. It demonstrates the central role that competition enforcement can play in bringing about a digital economy that delivers better outcomes for consumers. As of today, Apple must allow music streaming services on iOS to do what may seem obvious but has so far been forbidden…to communicate freely with their users about where, how, and at what price to buy music streaming subscriptions. We are proud to have contributed to this outcome."

The Clifford Chance team advising Spotify was co-led by senior counsel Thomas Vinje, London partner Stavroula Vryna and Brussels partner Dieter Paemen with support from senior associate Maarten Kennis and associates Josh Kennion, Nhi Nguyen and Chloe Barclay.