On September 8, 2026, the Japan Association of New Economy (JANE) signed an open letter concerning the new business terms to be introduced by Apple in the European Union (hereinafter the “Letter”).

【About the Letter】
The Letter was jointly submitted by 18 industry associations, civil society organizations, and businesses, primarily based in Europe, to European Commission President Ursula von der Leyen; Executive Vice-President Teresa Ribera, responsible for a Clean, Just and Competitive Transition; and Executive Vice-President Henna Virkkunen, responsible for Tech Sovereignty, Security and Democracy.

The signatories are as follows:
The Coalition for App Fairness／App Fair Project／Approov／ARTICLE 19／Cafeyn Group／Cryptee／Digital Content Next／Euroconsumers／European Games Developer Federation／European Publishers Council／European Tech Alliance／France Digitale／iconomy／一般社団法人新経済連盟（Japan Association of New Economy）／News Media Europe／Online Dating and Discovery Association／SkyDemon／Uptodown

On August 18, 2026, Apple announced new business terms for the App Store in the EU in response to the Digital Markets Act (hereinafter DMA). In April 2025, the European Commission fined Apple EUR 500 million after finding that its restrictions on app developers’ ability to steer users to external offers infringed Article 5(4) of the DMA. Proceedings concerning the business terms applicable to alternative app distribution also remain ongoing under Article 6(4).

The Letter expresses concern that the new business terms were announced without consultation with the affected businesses and consumers, and that these terms do not resolve the already identified non-compliance.

【Summary of the Letter】
■ Fees for external steering
Article 5(4) of the DMA requires gatekeepers to allow businesses, free of charge, to communicate and promote offers to their users and to conclude contracts with them. The April 2025 decision makes clear that external steering, and transactions resulting from steering, must be free of charge, meaning that the price to be paid by businesses must be zero. Nevertheless, the new business terms introduce a 15% fee on external steering. Although the decision allows remuneration for initial acquisition intermediation under certain conditions, such remuneration must be limited to initial acquisition and must be proportionate to its value. A rate of 15% does not meet this standard.

■ Ongoing burdens on alternative distribution channels
The new business terms replace the Core Technology Fee (CTF) with a 5% Core Technology Commission (CTC) on transactions involving apps distributed outside the App Store. However, by imposing permanent costs on alternative app stores and businesses, the terms continue to prevent these channels from reaching the scale necessary to become an effective competitive constraint. In addition, distribution outside the App Store remains subject to non-monetary conditions, including developer registration, review, and contractual requirements, thereby limiting the independence of alternative distribution channels.

■ Procedural transparency
The European Commission’s acceptance has been indicated through informal public statements rather than a formal, reasoned decision. Businesses are therefore unable to determine whether the non-compliance identified in April 2025 is considered to have been resolved or whether the proceedings concerning alternative distribution remain ongoing. The Letter calls for consultation with affected stakeholders, ensuring transparency regarding the status of the proceedings, and a formal, reasoned conclusion to the relevant proceedings.

※ For the Digital Markets Act (DMA), please see here.
※ For the full text of the Letter, please see here.