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Digital Markets Act Investigations
−Removed: On March 25, 2024, the Commission announced that it had opened two formal noncompliance investigations against the Company under the EU Digital Markets Act (the “DMA”).
−Removed: The Commission’s investigations concerned (1) Article 5(4) of the DMA, which relates to how developers may communicate and promote offers to end users for apps distributed through the App Store as well as how developers may conclude contracts with those end users (the “Article 5(4) Investigation”);
−Removed: and (2) Article 6(3) of the DMA, which relates to default settings, uninstallation of apps, and a web browser choice screen on iOS (the “Article 6(3) Investigation”).
−Removed: On June 24, 2024, the Commission announced that it had opened a third formal investigation against the Company regarding whether the Company’s new contractual requirements for third-party app developers and app marketplaces may violate the DMA (the “Article 6(4) Investigation”).
+Added: On March 25, 2024, the Commission announced that it had opened a formal noncompliance investigation against the Company under Article 5(4) of the EU Digital Markets Act (the “DMA”) (the “Article 5(4) Investigation”).
+Added: The Article 5(4) Investigation relates to how developers may communicate and promote offers to end users for apps distributed through the App Store, as well as how developers may conclude contracts with those end users.
+Added: On June 24, 2024, the Commission announced that it had opened an additional formal investigation against the Company regarding whether the Company’s new contractual requirements for third-party app developers and app marketplaces may violate the DMA (the “Article 6(4) Investigation”).
On April 23, 2025, the Commission fined the Company €500 million in the Article 5(4) Investigation and issued a cease and desist order requiring the Company to remove technical and commercial restrictions that prevent developers from steering users to alternative distribution channels outside the App Store.
−Removed: The Company plans to appeal the Commission’s Article 5(4) decision.
−Removed: Unless a stay is granted, any order by the Commission is effective while an appeal is pending.
−Removed: Also on April 23, 2025, the Commission closed the Article 6(3) Investigation without imposing a fine and issued preliminary findings in the Article 6(4) Investigation.
+Added: The Company has appealed the Commission’s Article 5(4) decision.
+Added: Also on April 23, 2025, the Commission issued preliminary findings in the Article 6(4) Investigation.
If the Commission makes a final determination in the Article 6(4) Investigation that there has been a violation, it can issue a cease and desist order and may impose fines up to 10% of the Company’s annual worldwide net sales.
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Attorney for the Northern District of California for a determination whether criminal contempt proceedings are appropriate.
−Removed: The Company will continue to vigorously defend its actions and employees, including by appealing the California District Court’s most recent decision.
+Added: The Company will continue to vigorously defend its actions and employees, and has appealed the California District Court’s most recent decision to the U.S.
+Added: Court of Appeals for the Ninth Circuit (the “Ninth Circuit Court”).
+Added: Although the Company’s request to stay the decision pending appeal was denied, the Ninth Circuit Court has agreed to consider the Company’s appeal on an expedited basis, with arguments scheduled for October 2025.
Other Legal Proceedings
The Company is subject to other legal proceedings and claims that have not been fully resolved and that have arisen in the ordinary course of business.
−Removed: The Company settled certain matters during the second quarter of 2025 that did not individually or in the aggregate have a material impact on the Company’s financial condition or operating results.
+Added: The Company settled certain matters during the third quarter of 2025 that did not individually or in the aggregate have a material impact on the Company’s financial condition or operating results.
The outcome of litigation is inherently uncertain.
2 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.