Apple Blasts EU for Stalling in App Store Dispute

Apple is pushing back against the European Commission, accusing regulators of employing “political delay tactics” to hinder the company’s compliance efforts and exposing it to potential further fines. The tension arises as Ukraine-based developer MacPaw announces the closure of its alternative iPhone app marketplace, Setapp Mobile, in the European Union due to intricate business terms that have made it financially unsustainable.

In a preemptive move to address a possible action by the European Commission, Apple issued a statement to Bloomberg’s Mark Gurman, indicating that the situation is more intricate than suggested by MacPaw’s exit announcement. The company claims that the European Commission has hindered their implementation of requested changes, with a formal compliance plan submitted in October awaiting a response. Apple alleges that the EC is using delaying tactics to mislead the public, shift the goalposts, and unfairly target an American company with extensive investigations and hefty fines.

Setapp Mobile is set to cease operations in the EU on February 16, 2026, attributing the decision to Apple’s complex fee structure in Europe, which applies to third-party app marketplaces and their distributed apps. Following the enactment of the new Digital Markets Act (DMA) in early 2024, Apple was compelled to allow alternative app marketplaces in the EU.

Reports suggest that the European Commission is poised to hold Apple responsible for MacPaw’s closure of the EU Setapp marketplace, citing the tech giant’s failure to address key issues in their business terms. Apple, however, asserts that the Commission’s reluctance to permit necessary changes has impeded their efforts to simplify alternative app store terms in the EU.

Apple implies that the lack of demand for alternative app marketplaces in the European region is the primary reason for MacPaw’s decision, pointing out the limited success of third-party stores on Android despite their existence for years. The company also funded a study showing that the DMA did not lead to lower app prices.

The introduction of alternative app marketplaces in the EU post-DMA presents challenges, including navigating Apple’s controversial Core Technology Fee (CTF) for apps not available on the official App Store. Initially set at 0.50 Euros per app installation after the one millionth, Apple plans to transition to a flat 5% fee on digital goods and services sales. However, delays in implementing the new fee structure in the EU add administrative burdens on developers beyond the financial aspect.

Users who accessed iOS apps via Setapp’s subscription store are advised to back up important data before the shutdown on February 16. Mac users can continue to utilize Setapp’s Mac app store, unaffected by the closure of the iOS counterpart. Setapp also operates a subscription-based Mac app marketplace in the US, benefitting from less stringent rules for Mac app distribution compared to iPhone and iPad apps.