DIGITAL MARKETS
Intro: Donald Trump’s administration is seeking to bully its way to the deregulation of US digital giants. In the interests of EU citizens, these attempts must be resisted
HENNA VIRKKUNEN, the European Union’s most senior official on digital policy, has fired a broadside when she said: “We are very committed to our rules when it comes to the digital world”. Such sentiments bring with it the near certainty of a future confrontation with Elon Musk. Ms Virkkunen , who is the EU vice-president responsible for tech sovereignty, also added that: “We want to make sure that our digital environment … is fair and it’s safe and it’s also democratic.”
In recent days, these words were followed by deeds. In the first sanctions handed down since the establishment of the EU’s Digital Markets Act, the European Commission fined Apple Euros500m and Meta Euros200m, after finding them guilty of unfair business practices that exploited their entrenched online “gatekeeper” position. Apple, for example, was judged to have unfairly restricted developers from distributing apps outside its own App Store, where it takes a cut from sales.
Are we to perceive these fines as being a form of tough action or nothing more than tokenism? It is safe to say these fines will not overly concern either company’s accountants. Apple’s revenue last year was Euros344bn. There are also indications that, in other areas, Brussels may be seeking to dial down tensions with the US tech giants as it seeks to avoid a full-on trade war with Washington.
A separate investigation into X (formerly Twitter) under the auspices of the Digital Services Act – which deals with content moderation – found it in preliminary breach of EU rules, following Mr Musk’s takeover in 2022. No fine has yet been issued. Meanwhile there are growing fears that EU regulations on artificial intelligence, intended to reduce the risk of disinformation and political manipulation, are in danger of being diluted under pressure from the Trump administration.
Given the current volatility of transatlantic relations, it is understandable that a degree of cautious restraint is needed. But US bullying of Brussels over its regulation of big tech on behalf of EU citizens must be robustly resisted. Trump’s senior adviser for trade and manufacturing, Peter Navarro, has mischaracterised European digital regulation as a non-tariff barrier and form of “lawfare” against American companies. The reality, though, is more mundane: US market dominance means its tech giants will inevitably be the most affected by efforts to govern a space that is now part of the architecture of everyday life.
That task, vital to maintaining a healthy public sphere, should be kept distinct from fraught trade negotiations with the White House. Easier said than done perhaps, given the US President’s all-embracing mercantilism. Nonetheless, EU politicians – and British ones – must not be intimidated into an ill-judged deregulatory path with potentially damaging implications for democracy.
These fines might have been financially small given the size of the revenues they generate but they do at least represent a necessary statement of intent. Alongside its investigation into X, the commission has inquiries ongoing into TikTok and Meta, also relating to content moderation. MEPs are now calling for those too to be pushed to a conclusion.
This may be the acid test. The US vice-president, JD Vance, has made it clear that the White House intends to act as the political wing of US big tech, and has compared European attempts to combat online disinformation and illegal content to Soviet-era censorship. Ms Verkkunen should remain adamant and stick to her guns – and ignore the flak flying from Washington.