Recalibrating Article 102 TFEU in the digital economy: the Apple App Store (music streaming) decision and the rise of hybrid platform enforcement

This case comment analyses the European Commission’s 2024 decision fining Apple €1.84 billion for imposing anti-steering provisions on music streaming apps in the App Store. The decision marks a significant development in the application of Article 102 TFEU to digital platform ecosystems. By characterising Apple’s conduct as an exploitative abuse of dominance, the Commission addressed restrictions that limited consumer information, increased subscription prices, and reduced user choice within the iOS environment. The case illustrates the hybrid nature of Article 102 TFEU, bridging exploitative and exclusionary theories of harm in two-sided digital markets. It also highlights structural features such as network effects, ecosystem lock-in, and gatekeeping power that reinforce platform dominance. Finally, the decision is examined in light of the Digital Markets Act (DMA), revealing the emerging dual framework of ex post competition enforcement and ex ante regulation shaping EU digital market governance.