AGCM alleges third-party cloud providers are locked out of iOS backup features freely available to Apple’s own service – iCloud. This is the Italian regulator’s first exercise of Digital Markets Act powers.
Italy’s competition authority, the AGCM, has launched a formal investigation into Apple over alleged breaches of the European Union’s Digital Markets Act, targeting what regulators describe as an uneven playing field between Apple’s iCloud and rival cloud storage providers.
The probe, announced on Tuesday, centres on interoperability obligations under the DMA, which require Apple to ensure that third-party consumer cloud services can access iOS and iPadOS features on equal terms with its own platforms. The AGCM said it had gathered evidence suggesting that rival providers are not being afforded equivalent access.
“They appear to lack access to the same features used by or otherwise made available to iCloud,” the authority said in its statement. It cited full device backup functionality as a concrete example. Currently, the ability to seamlessly back up an entire iPhone or iPad is a system-level feature reserved exclusively for iCloud. It leaves competitors unable to offer a matching user experience.
A landmark first for Italy
The investigation marks the first time the AGCM has exercised its powers under Article 38 of the DMA, which allows national competition authorities within EU member states to conduct preliminary investigations into potential gatekeeper violations before referring findings to Brussels. The authority said the probe is in close cooperation with the European Commission. Its conclusions will also be shared with the Commission to support its role as sole DMA enforcer.
Companies found to be in violation of DMA rules can face fines of up to 10% of worldwide annual revenue. Apple’s annual revenue runs to hundreds of billions of dollars, making the financial stakes considerable. However, enforcement action at that scale would ultimately rest with the Commission rather than Rome.
Apple’s record with Italian regulators
Apple is no stranger to the AGCM. The Italian regulator has fined the company repeatedly over the years, from misleading warranty practices to a roughly €98.6 million penalty over its App Tracking Transparency rules.
The new investigation adds to a growing body of DMA enforcement activity across Europe. Apple has already made sweeping changes to its software ecosystem in the region under DMA compliance pressure. These changes include plans to allow EU users to choose alternative casting protocols in place of AirPlay. The company has also confirmed it will delay the rollout of Siri AI features in the EU, citing concerns that the DMA’s strict interoperability mandates create legal uncertainty.
Apple had not responded publicly to the AGCM’s announcement at the time of publication.
