Fulvio Sarzana: "With its new powers, Apple risks a fine of up to $17 billion or a ban like TikTok."“

Alessandro Longo

The jurist explains the effects of the Digital Markets Act directive: “The sanction is no longer discretionary, but Brussels can, as in the US, impose an ultimatum on the company: dismember or close in the EU

«"A fine an order of magnitude greater than those Europe has been able to impose on Apple and other big tech companies so far, and even the dismemberment or sale of parts of companies. A bit like what the US wants to do with TikTok." Fulvio Sarzana, one of Italy's leading digital lawyers, is co-author of a book (Giuffrè, 2023) on the new European digital regulatory packages. And imagine what could happen with the launch of the Antitrust investigation. on the Apple App Store

There has been talk for years of possible breakups of big tech companies, in Europe and the US. And in March 2024, the EU Antitrust Authority fined Apple €1.8 billion for abusing its dominant position, following a complaint from Spotify. Why is this different now?

«There are many differences. Now, thanks to the Digital Markets Act, Europe can impose a recurring daily fine of up to €50 million (in the case of Apple, which has a daily turnover of €1 billion). This amounts to €17 billion a year. But it doesn't end there.

«Unlike in the past, Europe has now included a blacklist of prohibited behaviors in its regulations. In short, the sanctions resulting from violations are no longer discretionary. And it has also established a white list of corrective measures, giving it much greater powers of intervention. This would ultimately lead to what the US wants to do with TikTok: giving the company an ultimatum: either dismantle parts of the company or close down in Europe.

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