Epic could have avoided all this by just responding to Apple and signing the EU Addendum affirming they would stick to the laws. Instead they wanted to get into the news cycle.
This is the policy they have to agree to: https://developer.apple.com/contact/request/download/alterna...
Includes the tweet as well as confirmation they that the commission did talk to Apple on Thursday
If any official action was taken it would have to be documented with a case: https://digital-markets-act-cases.ec.europa.eu/search
You don’t want an official investigation, they are a complete nightmare that eat up months of work hours. Much better to spend a couple of days making sure you can give the correct answers on the first pass. Unless of course you genuinely believe the regulators are pushing beyond their remit, but know you’re voluntary signing up for an expensive and protracted fight.
The EU has an long tradition of "conversations" and "questions" with an unstated "give the right answer and you can avoid an unpleasant official action".
You're right there is no official casework. That is also entirely irrelevant to the issue of whether or not Apple caved under pressure.
(In some cases this is itself somewhat formalised.)
My guess is that they saw that all happening but Epic provided them a letter saying they double pinky promised, cross their hearts, will obey by the rules this time, which Apple will later try to use in court later on. Otherwise it doesn’t seem worth the risk prompting clearly foreseeable regulator action.
Apple banned Epic the day before DMA came into effect when doing this sort of thing was still legal, they 100% saw this. They did probably bet on the chance EU would overlook it if they did it before the law came into effect, they lost that bet but they thought it was worth a try.
After all, legal advice can usually be summed up as “if you do anything, someone can fuck you”, and do nothing isn’t a good business strategy.
Legal doesn't make decisions like this. That's not what they are paid to do.
Legal advises the executives of the consequences of decisions like this.
And if there's one thing that you should expect from people in positions of incredible power (executives), it's that they often believe that they are immune to the consequences of their decisions.
Most of the time they are right. Sometimes, they are not.
It's entirely possible the regulator asked EPIC to make an assurance that they would comply with Apple's rules, which are legal under the DMA, and then told Apple they'd need to accept the assurance.
If EPIC does now pull a stunt like they did in the US, the EU will now have reason to treat them with suspicion, and Apple will be able to point to the assurance as evidence that they accepted Apple's rules.
The main points of contention are: - the technology fee (the cost of advertising has already cut badly into their margins in the wake of identifier reform); - the clause making the Addendum also binding on any corporate parents and subsidiaries — the game industry is pretty consolidated and this limits the options for independent game studios which are also subsidiaries;
The fee is particularly nasty for hypercasual games, where a very realistic scenario has you paying for millions of installs, only to find your monetization lacking and you paying additional fees to the platform, of all things.
There are very real concerns with the Addendum and making signing only about Epic’s bona fides is reductive and wrong.