Association for Competitive Technology Applications to Intervene in Digital Markets Act Cases Granted

 

BRUSSELS, BELGIUM – In granting the Association for Competitive Technology’s (ACT) application to intervene in Case T-438/25, Case T-352/24, and T-359/25, collectively Apple Inc. v. European Commission, the General Court of the European Union has acknowledged the concerns of ACT’s members, European startups and small and medium-sized enterprises (SMEs).  Commenting on the Court’s order confirming that ACT meets the legal requirements to intervene in the cases challenging the European Commission’s implementation of Articles 5(4) and 6(7) of the Digital Markets Act (DMA), Mike Sax, founder and chairperson of ACT said:

‘We are encouraged by the EU General Court’s order granting ACT leave to intervene in the case. Startups and tech SMEs are the engine powering the EU’s digital economy. The Commission’s expansive interpretation of Articles 5(4) and 6(7) of the DMA threatens the fundamental infrastructure, privacy, and security services that app stores provide to consumers and developers alike.

‘The Commission’s interpretation of Article 5(4) would result in higher costs for startups and scaleups, since it challenges the current, progressive fee structure for iOS app distribution, leaving only more regressive alternatives.

‘And the Commission’s interpretation of Article 6(7) would result in unlimited power to access private information and critical features by anyone, including bad actors, eroding the safe and trusted environment that is one of the primary business benefits that help startups and SMEs compete in the app stores. By making the app ecosystem less secure and decreasing consumer trust, the Commission’s interpretation would achieve the opposite of the stated intent’.

Notably the Court order acknowledges that ACT meets the four criteria for approval to intervene:

‘More specifically, an association of undertakings may be granted leave to intervene in a case:

  1. If it represents a significant number of undertakings active in the sector concerned,
  2. If its objects [mission/goals] include the protection of the interests of its members,
  3. If the case may raise questions of principle affecting the functioning of the sector concerned, and
  4. If the interests of its members may therefore be affected significantly by the future judgement’.

The Court’s decision to grant ACT intervener status reflects the importance of ensuring that the voices of startup and SMEs are heard as part of the ongoing dialogue around the DMA’s implementation. ACT looks forward to representing its members’ position as the cases proceed.

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About the Association for Competitive Technology
ACT is a global trade association for startups and small and medium-sized technology companies. Our members are entrepreneurs, innovators, and independent developers within the global app ecosystem that engage with verticals across every industry. We work with our members to promote a policy environment that rewards and inspires innovation while providing resources that help our members raise capital, create jobs, and continue to build incredible technology.