The European Commission has launched its first set of “specification proceedings” under the Digital Markets Act (“DMA”).

“Specification proceedings” are actions taken by the Commission under the DMA which formalises the Commission’s regulatory discussions with a gatekeeper, allowing it to investigate particular compliance points, which can ultimately result in the Commission issuing a decision to the relevant gatekeeper on what specific measures a gatekeeper must implement to ensure effective DMA compliance.

These latest proceedings relate to Apple’s interoperability obligations under the DMA. Article 6(7) of the DMA provides that gatekeepers shall allow providers of services and providers of software with free and effective interoperability with, and access for the purposes of interoperability to, the same operating system, hardware or software features that are available or used in the provision of its own supporting services and hardware.

The first proceeding has been issued in relation to iOS connectivity features and functionalities, predominantly used for and by connected devices. The Commission has stated that companies offering connected products (such as smartwatches, headphones and VR headsets) rely on effective interoperability. The Commission is seeking to specify how Apple will provide effective interoperability with functionalities such as notifications, device pairing and connectivity.

The second proceeding relates to the process established by Apple to address interoperability requests by developers and third parties submitted for iOS and IPadOS. The Commission is seeking to ensure that the process is transparent, timely and fair so that developers have an effective and predictable path to interoperability, which will encourage innovation. 

The Commission will issue its preliminary findings to Apple on the measures it should adopt to effectively comply with its interoperability obligations under the DMA within three months (in or around 18 December 2024). At the same time, or as soon as possible thereafter, a non-confidential summary of the Commission’s findings and proposed measures will be published which will be open for third party comment. 

The proceedings will conclude within six months from their opening (by 18 March 2025), at which point the Commission may adopt an implementing act specifying the measures that Apple is to implement to comply with its interoperability obligations.