The Italian Competition Authority, Autorita’ Garante della Concorrenza e del Mercato (AGCM), has begun a probe into Apple concerning compliance with interoperability obligations under the European Digital Markets Act (DMA).
The move is the first time the competition regulator has exercised its powers under the DMA, introduced by Law 214 of 30 December 2023 to enhance competition in the digital market sector.
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The investigation relates specifically to Apple’s iOS and iPadOS operating systems.
Under Article 6(7) of the DMA, Apple is required to ensure that third-party providers of consumer cloud services can interact freely and effectively with the company’s operating systems.
These providers must also be given access on equal terms to the same hardware and software features that are available to Apple’s own iCloud service.
According to the Italian regulator, there is evidence suggesting that other cloud service providers are not given equal access compared to Apple’s iCloud. It cited indications that features allowing iCloud users to perform a full backup of their devices are not made available to alternative cloud providers.
AGCM stated: “Apple does not allow alternative cloud storage services to use the iOS and iPadOS features enabling end users to perform a full backup of their devices’ data, while those same features are available to Apple’s iCloud.”
The probe is being carried out in close cooperation with the European Commission (EC), which retains overall enforcement responsibility for the DMA.
The Italian regulator explained that the findings from the investigation will be shared with the Commission to support its oversight of digital market regulations.
Italy’s action follows recent implementation of EU legislation designed to ensure that large digital firms offer fair and contestable market conditions across the European Union.
The Italian Competition Authority’s preliminary inquiry is permitted under the DMA, which allows national regulators to support the EC’s enforcement activities in the sector.
Last month, Apple agreed to a $250m settlement in a lawsuit related to the delayed rollout of AI updates for its Siri voice assistant.
