EU advocacy group sues Apple because other streaming music services hiked prices

Posted:
in Apple Music

Consumer advocacy group Euroconsumer is launching a coordinated class-action suit in Belgium, Italy, Spain, and Portugal, alleging it was Apple's fault that music services raised subscription charges.

Text criticizing Apple for overcharging non-Apple music streaming subscriptions, with the Spotify logo at the bottom.
Euroconsumer files class action suit against Apple over 'unfair profits'



"Apple didn't play fair," reads the Euroconsumer class action suit page. "As a big tech player, Apple abused its power to impose up to 30% extra charges on non-Apple music streaming services like Spotify, Deezer, YouTube Music, SoundCloud, Amazon Music, Tidal, and Qobuz through its Apple App Store."

It then points out that third-party streaming services raised prices on iOS customers to help cover the lost revenue. Euroconsumer claims those increased prices led to customers paying excessive fees of roughly 3 euros per month to use their service of choice.



The group says that Apple has earned roughly 259 million euros in "unfair profits by overcharging consumers through their non-Apple Music streaming services" in Europe alone. In response, it is "fighting to reclaim the overpaid money for more than 500,000 victims in Belgium, Italy, Spain, and Portugal."

It should be noted that companies aren't required to increase fees in order to operate on the App Store. As pointed out above, these companies are simply forcing consumers to cover the cost.

And, many of these companies still claim that Apple takes more than it does. Apple changed the payout structure of the App Store, with a new 15% tier for subscriptions that extend over a first year, instead of the blanket 30% that Spotify still claims Apple demands on all subscriptions.

Still, Apple is facing increased scrutiny from both advocacy groups and regulators alike. In March, the European Union levied a $2 billion fine against Apple over anti-steering behaviors, despite the fact that it does not hold a dominant position in music streaming in the EU.

This isn't the first time Euroconsumers has gone after Apple, either. In 2020, it sued Apple over an iOS update that throttled iPhone CPU performance in the name of system stability.

And, in 2021, it demanded Apple address allegations of excessive iPhone battery drain in iOS 14.5 and later software updates.



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Comments

  • Reply 1 of 22
    This is a frivolous lawsuit.  The EU has just forced apple to allow alternative App Stores.   If you use Apple's APP Store, you must adhere to their rules and fee structure.   If you don't like it, create your own app store.  End of story.
    tdknoxzeus423killroyForumPostchasmiOS_Guy80
  • Reply 2 of 22
    I don't know what it is lately but large groups of people appear to have lost their ability to even think logically. When the App Store debuted, we went from a  situation where the developer received 40% of the retail price for their product. The rest went to the retailer - 40%, the wholesaler - 10%, and the jobber - 10%.

    Now software, and many software services, are marketed directly to the consumer  through App Stores. The only people who receive any money are the developer: 70% to 85%, and the stores who, for the privilege of using their platform charge between 15% - 30%. In fact  those who operate App stores all charge the same  - 15% - 30%. Common examples are both Microsoft and Google. Since when os the company that operates the store not entitled to anything? None of the App store companies set the prices, the developers set them! Accusations that Apple (being picked on because they are the biggest) is gouging the consumer is rhetoric promulgates by those who have an agenda such as activists, and  lawyers, to justify their unreasonable demands. As to the law suits Apple is well able to take care  of their own affairs unless the judges have all fallen victim to this sloppy thinking.
    tdknoxkillroyForumPost
  • Reply 3 of 22
    "It should be noted that companies aren't required to increase fees in order to operate on the App Store. As pointed out above, these companies are simply forcing consumers to cover the cost."

    i mean that is what 99% of companies do.
    any extra costs/fees/tarifs/taxes are passed on the consumer

    if given a choice between raising prices to account for extra costs
    vs extra profit
    they will always choose extra profit, that's what they are paid handsomely to do
    killroyForumPost
  • Reply 4 of 22
    nubusnubus Posts: 570member
    Visa and Mastercard have to pay more than $30B for the way they add cost to products. Why wouldn't US consumers go after App Store?
  • Reply 5 of 22
    across04 said:
    This is a frivolous lawsuit.  The EU has just forced apple to allow alternative App Stores.   If you use Apple's APP Store, you must adhere to their rules and fee structure.   If you don't like it, create your own app store.  End of story.
    Apple was only recently forced to allow alternative app stores; the lawsuit is about actions taken prior to that. If Apple didn't have to be forced kicking and screaming to create a level playing field, maybe these streaming services would have gone to alternative app stores instead of raising prices.
    edited September 18 avon b7
  • Reply 6 of 22
    danoxdanox Posts: 3,236member
    camber said:
    I don't know what it is lately but large groups of people appear to have lost their ability to even think logically. When the App Store debuted, we went from a  situation where the developer received 40% of the retail price for their product. The rest went to the retailer - 40%, the wholesaler - 10%, and the jobber - 10%.

    Now software, and many software services, are marketed directly to the consumer  through App Stores. The only people who receive any money are the developer: 70% to 85%, and the stores who, for the privilege of using their platform charge between 15% - 30%. In fact  those who operate App stores all charge the same  - 15% - 30%. Common examples are both Microsoft and Google. Since when os the company that operates the store not entitled to anything? None of the App store companies set the prices, the developers set them! Accusations that Apple (being picked on because they are the biggest) is gouging the consumer is rhetoric promulgates by those who have an agenda such as activists, and  lawyers, to justify their unreasonable demands. As to the law suits Apple is well able to take care  of their own affairs unless the judges have all fallen victim to this sloppy thinking.
    What’s frightening is that so many people going into business don’t figure out what the cost is before going into business. You need to know the cost of material, rent, taxes and everything else that you need to pay for (for your particular business) beforehand in order to figure out your profit margin at the end of the process I’m baffled that so many business people don’t know how to budget their finances. Also financial history (learning from the past) is also not part of the process for many either.
    edited September 18 PanifexkillroyForumPostdewme
  • Reply 7 of 22
    EU and US governments: If you're not gonna open backdoors and allow us to snoop on your users, we'll continue to harass you, and harass you we will.
    30% is industry standard, even before the AppStore.
    killroyForumPostdanoxchasm
  • Reply 8 of 22
    Why wouldn’t Euroconsumer sue the streaming services that increased the cost to their customers? This is like suing UPS or FedEx because the shipping fees added to the cost of the product I wanted to buy.
    Panifexzeus423killroyForumPostdanoxdewme
  • Reply 9 of 22
    Until Apple released the iPhone I doubt Spotify even had personal streaming as a viable proposition (if they even existed then). Given Apple have charged right from the start, Spotify could just have said “We don’t want to use your expensive delivery system” and done it themselves. But they didn’t. And now they complain (or at least some people are).
    killroyForumPost
  • Reply 10 of 22
    Until Apple released the iPhone I doubt Spotify even had personal streaming as a viable proposition (if they even existed then). Given Apple have charged right from the start, Spotify could just have said “We don’t want to use your expensive delivery system” and done it themselves. But they didn’t. And now they complain (or at least some people are).
    Spotify was an early adopter of the App Store (2008) and their strategy was to make the free ad-supported version available for download and to have customers pay for the premium version on Spotify’s web site. That approach = 0% commission to Apple and ANY company that wanted to could have followed the same approach. 

    So that’s the reality: streaming services always had a path to entirely avoid the App Store commission.
    edited September 18 PanifexkillroyForumPostchasm
  • Reply 11 of 22
    thttht Posts: 5,605member
    Until Apple released the iPhone I doubt Spotify even had personal streaming as a viable proposition (if they even existed then). Given Apple have charged right from the start, Spotify could just have said “We don’t want to use your expensive delivery system” and done it themselves. But they didn’t. And now they complain (or at least some people are).
    Spotify was an early adopter of the App Store (2008) and their strategy was to make the free ad-supported version available for download and to have customers pay for the premium version on Spotify’s web site. That approach = 0% commission to Apple and ANY company that wanted to could have followed the same approach. 

    So that’s the reality: streaming services always had a path to entirely avoid the App Store commission.
    Yup. As a reminder, Spotify pays Apple and Google essentially zero dollars. There may have been a period of 6 months that Spotify tried the Apple subscription route, but that was stopped. If this case goes forward, would be interesting to see the discovery on the financials of the other streamers.

    Also a reminder that Apple iOS has about 30% share in the EU, Apple Music is about the number 4 streamer in the EU. Just craziness. All this anti-competition action on the App Store is just going to increase prices on consumers, not decrease them.
    PanifexkillroyForumPost
  • Reply 12 of 22
    My question is, how many people are actually subscribing to Spotify, Deezer, YouTube Music, SoundCloud, Amazon Music, Tidal, and Qobuz via in-app purchases? I'd have to imagine that the vast majority of people want to pay for a music service they can access across platforms, which would require them to sign up for the service via the web, no? I hope the burden of proof is on the plaintiffs for this point, because it's 100% relevant how many paid users this actually affects.
  • Reply 13 of 22
    Well, you are all forgetting that this is Apple in Europe, where all the courts become kangaroo courts and deliver their verdicts based on the desired outcome, not the law. These plaintiffs will prevail because the EU will want them to prevail.
    killroyForumPostdanox
  • Reply 14 of 22
    danoxdanox Posts: 3,236member

    One question won’t Spotify who doesn’t want to use the new Apple sound api’s, in light of the AirPods Pro 2 (hearing aids) won’t they have to upgrade and use the new api’s Apple put out for sound management on the Apple platforms going into the future? In the rest in the world outside the EU.

  • Reply 15 of 22
    dewmedewme Posts: 5,654member
    It's always Apple's fault - even if it's not.
    iOS_Guy80
  • Reply 16 of 22
    Will any consumer see any of that money back if they will or will legal cost neatly cover the payout?
  • Reply 17 of 22
    chasmchasm Posts: 3,495member
    The European Commission works very hard at making Europe really unattractive to non-EU businesses. Apple is no angel, but the obvious bias in favour of Spotify is kind of ridiculous, but luckily they don't have a leg to stand on if this case goes to court, so my prediction will be that Apple will eventually prevail in this particular case.

    How much longer the company will put up with the constant anti-Apple antics of the EU when Google is SITTING RIGHT OVER THERE VIOLATING EVERY EU DIRECTIVE ON PRIVACY remains to be seen. Apple would hate to give up the EU market but I have a feeling the loss of some products and services in the EU because of untenable regulations is going to be part of their future, which makes me feel bad for innocent EU consumers.
  • Reply 18 of 22
    davidwdavidw Posts: 2,099member
    tht said:
    Until Apple released the iPhone I doubt Spotify even had personal streaming as a viable proposition (if they even existed then). Given Apple have charged right from the start, Spotify could just have said “We don’t want to use your expensive delivery system” and done it themselves. But they didn’t. And now they complain (or at least some people are).
    Spotify was an early adopter of the App Store (2008) and their strategy was to make the free ad-supported version available for download and to have customers pay for the premium version on Spotify’s web site. That approach = 0% commission to Apple and ANY company that wanted to could have followed the same approach. 

    So that’s the reality: streaming services always had a path to entirely avoid the App Store commission.
    Yup. As a reminder, Spotify pays Apple and Google essentially zero dollars. There may have been a period of 6 months that Spotify tried the Apple subscription route, but that was stopped. If this case goes forward, would be interesting to see the discovery on the financials of the other streamers.

    Also a reminder that Apple iOS has about 30% share in the EU, Apple Music is about the number 4 streamer in the EU. Just craziness. All this anti-competition action on the App Store is just going to increase prices on consumers, not decrease them.

    One must also remember that Spotify CEO has stated (in an interview) that a good percentage of Spotify paid subscribers started listening to Spotify using their their free ad supported app. And as Spotify made listening to music on their free tier, more and more annoying, many decided to pay for a subscription. (IIR, the interviewer was asking why Spotify maintains a free ad supported tier, when they derive so little profit from, compared to their paid tier.

    Thanks to Apple App Store policy, Spotify got a massive amount of free advertising on Apple iOS platform, that might eventually lead to Apple iOS users paying for a subscription.

    Not only that, no matter what platform the Spotify subscribers uses to pay for their subscriptions, they are allow access to their subscriptions using Spotify free app on all the other platforms. Here, Spotify is just freeloading off the platforms. Imagine if Spotify (and the other music streaming services) had to pay the platform owners to install an app that all their subscribers can use for free (to access their subscription). Apple, Sony, Microsoft, Google, Nintendo, etc. platforms are not public domains maintained by the government. All these platforms have invested in RD to make listening to music a better experience and attracting consumers to their platform. RD that Spotify is not required to invest in, but yet feel they are entitled to benefit from (for free). Or otherwise, they will sue the platform owners for not playing on a level playing field. All while crying like little kids in a toy store, who don't understand when their parent told them they can't have the toy unless they pay for it first.
  • Reply 19 of 22
    nubusnubus Posts: 570member
    chasm said:
    The European Commission works very hard at making Europe really unattractive to non-EU businesses. Apple is no angel, but the obvious bias in favour of Spotify is kind of ridiculous, but luckily they don't have a leg to stand on if this case goes to court, so my prediction will be that Apple will eventually prevail in this particular case.
    US just fined Visa and MasterCard $30 bn for charging shops too much and causing price increases. A judge found $30 bn wasn't enough. The case of App Store is similar and could very well go to courts in the US. US, EU, and most of the world have antitrust regulation in place. EU under Vestager was known for being all open markets to the point where unions gave her a statue of a raised middle finger (a statue she kept on display at her office). The next 5 years are likely to be protectionism just as we have seen from US. But this case... it could happen in US and would give us more competition and better pricing.
  • Reply 20 of 22
    davidwdavidw Posts: 2,099member
    Doodpants said:
    across04 said:
    This is a frivolous lawsuit.  The EU has just forced apple to allow alternative App Stores.   If you use Apple's APP Store, you must adhere to their rules and fee structure.   If you don't like it, create your own app store.  End of story.
    Apple was only recently forced to allow alternative app stores; the lawsuit is about actions taken prior to that. If Apple didn't have to be forced kicking and screaming to create a level playing field, maybe these streaming services would have gone to alternative app stores instead of raising prices.

    And I bet NONE of these music streaming services stopped offering their free apps in the Google Play Store and the only way to get their apps was on another 3rd party app store, their own app store or by way of side-loading .... on Android.

    The only reason they were (and are) not crying about the Google 15/30% commission is because they do have the choice to offer their apps in other apps stores or open their own app stores or with side loading but choose not to. Why? Could it be because it didn't make economic business sense to do so? Why would this be different on Apple iOS?

    And to be fair, it's only that big crybaby of a CEO of Spotify, that is doing nearly all the crying about how Apple is not providing a level playing field, even though Spotify is by far the most popular music streaming service.

    In fact this crybaby of a CEO even stated that it was the introduction of  Apple Music that made Spotify as popular as it is today.


    >Either way, Ek pointedly noted that Apple Music has been a boon to Spotify, having added new users at a faster clip since it launched back in June. “We keep setting new records week to week,” he said, without specifying any numbers. “It’s getting easier and easier to sign people up.”<

    If one were to look at a graph of Spotify paid subscription numbers, it skyrocketed after the introduction of Apple Music in 2016. How was this possible if Apple iOS was not a level playing field that was heavily in favor of Apple Music?  In fact, after about 8 years, Apple Music currently have about 90M paid subscribers while Spotify have about  250M. (Spotify have over 400M users when including their free ad supported tier.) 90M paid subscribers was the number of paid subscribers Spotify had in 2018. Two years after the introduction of Apple Music (in 2016) and after being in business for over 10 years, with nearly no competition.
     

    Don't believe everything that crybaby CEO of Spotify claims. His sense of entitlement can only be seen as a normal trait, only in the EU.


    https://www.webmd.com/mental-health/what-is-an-entitlement-mentality
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