Italy opens EU DMA probe into Apple iCloud preferencing

Italy's competition regulator has opened an investigation into whether Apple illegally preferences its iCloud service over third-party cloud providers in violation of the EU's Digital Markets Act.

Italy's AGCM launches first DMA probe against Apple. The Italian antitrust authority announced the investigation on Tuesday into Apple's compliance with interoperability obligations under the DMA for iOS and iPadOS. It has proof that alternative consumer cloud services cannot access the same components available to iCloud and will send its findings to the European Commission.

The probe marks the first use of the Italian watchdog's powers under Article 38 of the DMA. It was launched in close cooperation with the Commission, according to ANSA.

Third-party clouds lack equal access to iOS features. Under DMA rules, Apple must ensure third-party providers of consumer cloud services can interoperate effectively and free of charge with hardware and software components controlled by iOS and iPadOS. They must also have equal access as iCloud.

A specific example cited is that Apple does not allow alternative cloud services to use iOS and iPadOS features for full device data backup, a capability available to iCloud. The AGCM suspects the operating systems do not provide free interoperable access to third-party clouds equivalent to iCloud, which is built into the OS.

Apple's broader EU antitrust battles continue. Apple has faced multiple antitrust actions across Europe and paid fines totaling almost $3 billion in the past couple of years for breaches of competition laws. The company has rarely admitted wrongdoing and has sometimes threatened to withdraw from markets rather than comply.

In a related matter last week, Apple cited DMA obligations as a reason for delaying the rollout of Apple Intelligence features including the new Siri in the EU. It has refused to grant third-party AI services the same access to the iPhone as Siri on security and privacy grounds and says the Commission has not responded to its compromise proposal. Apple did not respond to a request for comment on the iCloud probe, according to Euractiv.

Next steps rest with the European Commission. If Italian regulators conclude Apple is breaching the DMA, the Commission will review the findings and decide on any action. The investigation focuses solely on interoperability for cloud services and does not address Apple's responses to other DMA obligations.