The Comma That Might Cost Apple Billions in Europe

The core dispute involves Apple and the European Commission concerning the Digital Markets Act (DMA). Article 5.4, translated from English, mandates that gatekeepers allow business users to communicate and promote offers and conclude contracts with end users "free of charge." Apple believes "free of charge" only covers communication and promotion, allowing commissions on external transactions. The European Commission argues "free of charge" applies to all, including contract conclusion, based on the comma's placement. The Commission's interpretation means app developers shouldn't pay anything for external purchases. The Commission acknowledges potential ambiguity in the French and German translations, but asserts clarity in other languages. The author finds it remarkable that language discrepancies can create loopholes in EU laws. The author believes the Commission's intent was to prevent Apple from charging commissions on external transactions. The author would expect Apple's lawyers to focus on the comma's implications as a legal strategy. The author emphasizes that the Commission's intentions are evident despite the textual dispute. Apple faces similar criticism over its anti-steering rules in both the EU and the US.