Italian Competition Authority Launches Investigation into Apple Under the Digital Markets Act

On 16 June 2026, the Italian Competition and Market Authority (AGCM) announced the formal opening of proceedings against Apple Inc., Apple Distribution International Ltd., and Apple Italy S.r.l., to assess whether the companies have fulfilled their statutory obligations under the EU Digital Markets Act (DMA – Regulation (EU) 2022/1925) concerning operating system interoperability. This marks the first formal investigation initiated by the AGCM under the national-level enforcement powers conferred by the DMA.

The legal anchor of the case lies in Article 6(7) of the DMA, which imposes mandatory interoperability obligations on undertakings designated as "gatekeepers": Apple must ensure that third-party consumer cloud service providers are granted free and effective interoperability access to the hardware and software features controlled by the iOS and iPadOS operating systems, and that they enjoy, under equivalent conditions, the same level of functional access as Apple's own iCloud service. In its statement, the AGCM noted that there are indications that third-party cloud providers—such as Google Drive and Microsoft OneDrive—may not have been placed on a level competitive playing field with iCloud when accessing system-level features of iPhones and iPads. The most representative point of concern is that Apple appears to prevent alternative cloud storage services from invoking system functionalities in iOS/iPadOS that support end users in performing full device data backups, whereas this functionality is fully accessible to iCloud.

From a procedural law perspective, the AGCM's initiation of this investigation is grounded in the relevant provisions of Italian Law No. 214 of 30 December 2023 (the Annual Competition Law). That statute transposes the ancillary enforcement and coordination mechanisms set out in Article 38 of the DMA, designating the AGCM as the national competent authority with investigative powers and procedural rules under the DMA framework, thereby enabling it to lawfully conduct preliminary inquiries, gather evidence, and transmit the case file and analytical conclusions to the European Commission. The AGCM expressly stated that the investigation is being carried out in close cooperation with the Commission, and that its findings will be submitted to the Commission to provide factual support for the latter's final determinations—including whether to issue a finding of non-compliance and impose fines of up to 10% of the undertaking's total worldwide annual turnover, as the Commission remains the sole primary enforcer of the DMA.

This case is not the first clash between Apple and the EU regulatory system over the DMA. Since the DMA became fully applicable in March 2024, the European Commission has launched multiple compliance proceedings against Apple in areas such as access to third-party app stores, opening of NFC payment interfaces, and default browser choice settings. Apple has consistently invoked privacy and user data security as its core defence—most recently, citing an "inability to reach constructive consensus" with the Commission on privacy and security solutions, it announced the indefinite postponement of the launch of Siri AI features on iOS/iPadOS in the EU. Should the AGCM's investigation result in an unfavourable factual determination, it would signify that the dispute has moved from "opening up app distribution channels" to a deeper level of system-level capability allocation.

As of the time of publication, Apple has not issued a public response to the investigation. China Intellectual Property Lawyers Network will continue to follow subsequent developments.