Spotify Accuses Apple of Defying the EU by Stonewalling Its Latest App Update

Spotify has never been shy about calling out Apple when it feels that the iPhone maker is stifling its creativity or its bottom line. However, the music-streaming giant can sometimes come across as a bit touchy and even petulant, often leveling criticisms at Apple that aren’t entirely warranted.

For example, Spotify spent years accusing Apple of blocking its access to technologies like the Apple Watch, the HomePod, and Siri. Yet, when Apple opened those up to third-party developers, it took years for Spotify to embrace them, much to the frustration of many Apple Spotify users who are still waiting for HomePod support.

Such moves make Spotify’s complaints seem insincere at best—almost as if the company is looking for things to get upset about. That’s not to say that Spotify doesn’t have some legitimate complaints against Apple—and the European Commission clearly agrees: last week, it levied a $2 billion antitrust fine against Apple for abusing its App Store position to disadvantage Spotify.

The crux of that particular issue is the one valid point in Spotify’s argument. Leaving all the technical issues aside, Apple’s App Store policies require that Spotify either give up 15–30% of its in-app subscriber revenue to Apple or avoid letting customers to subscribe within the app. Meanwhile, Apple Music has no such requirement since Apple doesn’t have to pay itself a commission on in-app subscriptions. This requires Spotify to charge more to make the same money that Apple Music does for each subscriber or leave in-app purchases out entirely and risk losing subscribers to Apple Music’s more seamless sign-up process.

Years ago, Spotify chose to go that second route, pulling out its more expensive in-app purchase from the Spotify iPhone app and simply let potential subscribers visit its website instead. Unfortunately, Apple has had a longstanding, controversial, and somewhat silly anti-steering rule that prohibits developers from even telling users that there’s another way to subscribe.

This is the issue that EU regulators took umbrage with and fined Apple for. Spotify may still be the dominant music streaming service, but that’s in spite of Apple’s anticompetitive policies.

However, apart from that ruling, the EU’s new Digital Markets Act now requires Apple to allow developers to not only advertise alternative payment methods, but even to offer them in-app as alternatives to Apple’s.

Naturally, Spotify wasted no time submitting an app update to take advantage of these new freedoms. On March 5, company spokesperson Jeanne Moran told The Verge that Spotify was submitting an app update that would, for the first time, put links to its website and pricing information for its different subscription options right in the app.

However, although Apple has traditionally approved such updates quickly, this one seems to have gotten bogged down in Apple’s App Store review process, and now Spotify is crying foul:

It’s been nine days now and we’re still waiting to hear from Apple about our app submission to show EU consumers pricing and a link to our website, which we are now authorized to do by the European Commission’s decision on the music streaming case. Apple’s delay directly conflicts with its claim that they turn around reviews on app submissions within 24 hours, and it also flies in the face of the timeline for adoption the Commission laid out. Jeanne Moran, Spotify

Spotify has accused Apple of intentionally delaying its update to avoid complying with the DMA. It’s filed a formal complaint with the European Commission to that effect, indicating that Apple has “neither acknowledged nor responded to Spotify’s submission” and suggesting that this is “yet another example of how Apple if unchecked, will seek to circumvent and/or not comply with the Commission’s decision.”

While it sounds like Spotify is jumping to conclusions and assuming the worst here, it’s not as if the company doesn’t have some basis for its concerns. In its response to the European Commission’s decision, Apple went on the record to say that it has often provided “same-day turnaround” for the Spotify app and even expedited reviews in some cases.

Our App Review team has reviewed and approved 421 versions of the Spotify app — usually with same-day turnaround — and frequently expedites reviews at Spotify’s request. Apple

In light of that standard, nine days may seem a bit excessive. However, it’s also fair to say that these are unusual times for the App Store in Europe, as Apple scrutinizes app submissions more closely under the microscope of the new regulations—an issue it’s likely examining not just with Spotify but possibly hundreds of other apps that have been submitted with similar changes since the DMA came into force.

Apple likely has its hands full right now. Further, as we’ve seen in the past, App Store Review can be opaque at the best of times and often makes inscrutably bizarre decisions. While it’s possible that Apple is indeed being testy over Spotify’s latest app submission, it’s much more likely that Hanlon’s razor applies here: “Never attribute to malice that which is adequately explained by stupidity.”