EU Regulators Accuse Meta of Antitrust Violations Over New Ad-Supported Service

Meta, the parent company of Facebook, faced allegations from EU regulators on Monday for failing to comply with the bloc’s landmark antitrust rules concerning its recently introduced ad-supported social networking service. The European Commission criticized Meta’s subscription model, labelling it a “pay or consent” scheme. This model forces users to either pay to use Meta’s platforms without ads or consent to their data being processed for personalized advertising. This ad-supported subscription service was introduced for Facebook and Instagram in Europe last year.

EU Commission’s Preliminary Findings

The Commission’s preliminary view suggests that this binary choice compels users to agree to the combination of their personal data, thereby failing to provide a less personalized but equivalent version of Meta’s social networks. In a statement on Monday, the regulators emphasized that users should have access to a service that utilizes less of their personal data for ad personalization.

Meta’s Response

A Meta spokesperson responded to the allegations by stating that the company’s ad-supported subscription model adheres to the directives of the highest court in Europe and complies with the Digital Markets Act (DMA). “We look forward to further constructive dialogue with the European Commission to bring this investigation to a close,” the spokesperson added. Meta introduced this new model following a ruling from the European Court of Justice last year, which allowed companies to offer an alternative version of their service that does not rely on data collection for ads.

Commission’s Critique

Despite Meta’s justification, the Commission found two key issues with Meta’s ad-supported offering. First, it doesn’t allow users to choose a service that uses less personal data but is still equivalent to the personalized ads-based service. Regulators asserted that users should be able to access an equivalent service with reduced data usage for ad personalization.

Digital Markets Act (DMA) Enforcement

The DMA, enforceable since March this year, aims to curb anti-competitive practices by large digital companies and mandate them to open up some of their services to rivals. Companies found in breach of the DMA could face substantial fines, potentially up to 10% of their global annual revenue, and for repeated breaches, this figure could rise to 20%. For Meta, a breach of the DMA could result in a penalty as high as $13.4 billion, based on the company’s 2023 annual earnings.

Next Steps for Meta

Following the receipt of the EU’s preliminary findings, Meta has the opportunity to defend itself in writing. The Commission’s investigation, launched in March alongside two other probes into tech giants Apple and Alphabet, will conclude within 12 months from the start of the proceedings.

Meta’s compliance with the EU’s antitrust rules remains under scrutiny, as the company navigates these regulatory challenges while attempting to align its business practices with the DMA’s requirements.