Cloud Services on iOS: The Italian Antitrust Investigation into Apple for the DMA
On June 16, 2026, the Italian Competition Authority launched an investigation against Apple regarding the interoperability requirements imposed by the Digital Markets Act on iOS and iPadOS operating systems. The proceedings officially involve Apple Inc., Apple Distribution International Ltd, and Apple Italia S.r.l., and are established in close cooperation with the European Commission.
The regulatory reference is Article 6, Paragraph 7 of the DMA, which obliges Apple to ensure actual interoperability, free of charge, for third-party providers of cloud services aimed at end users, alongside equal access to the same hardware and software components available for the iCloud service. The Authority believes it has evidence to support that this equality does not currently exist: according to AGCM, competing cloud services cannot use the same components of the operating systems that iCloud accesses.
A specific example cited by AGCM concerns the full backup of the device. Apple allegedly does not allow alternative storage services to utilize the components of iOS and iPadOS that enable saving the entire content of an iPhone or iPad to the cloud, a function that remains available for iCloud. In other words, users who choose a third-party cloud service cannot currently entrust a full backup of their phone to it in the same way they would with Apple’s service.
The AGCM's challenge occurs against the backdrop of Apple already having taken legal action against interoperability obligations set by the DMA, deeming them disproportionate. More recently, it has attributed the delay of the new Siri AI in Europe for iOS 27 and iPadOS 27 to these very requirements. The investigation into cloud services thus fits into a pre-existing, complex confrontation.
What Makes This Investigation a Precedent
The element that distinguishes this measure from other DMA actions against Apple is the entity that signs it: this is the first time that AGCM exercises the powers provided by Article 38, Paragraph 7 of the DMA. The authority to apply the Digital Markets Act remains with the European Commission, which is the only authority that can enforce it. National authorities, when they detect potential violations, can conduct preliminary supporting investigations and transfer their findings to Brussels.
Article 18 of the law 30 December 2023, n. 214, the annual law for the market and competition 2022, assigns AGCM the task of collaborating with the Commission in the implementation of the DMA. In July 2024, the Authority adopted a regulation that governs the exercise of these investigative powers, including requests for information and documentation from businesses. The investigation announced today is the first concrete application of that mechanism.
The practical consequence is more significant than the formal framework. The AGCM collects evidence, interviews businesses, conducts any necessary economic analyses, and then submits the dossier to the Commission, as stated in the Authority’s statement. It will not be the Italian Authority that determines whether Apple has violated the DMA or impose any penalties; that step is up to Brussels. The national investigation is an investigatory tool that feeds into the European proceeding.
Moreover, the cloud front is already open at the community level regarding other players: the Commission is assessing whether infrastructure services from Amazon and Microsoft should also fall under DMA obligations. The Italian initiative regarding cloud services for end users operates on the same ground, focusing on the relationship between iCloud and its direct competitors on Apple devices.
The full text of the measure is available on the AGCM website. The timing for the next steps will depend on when the Authority deems the investigation sufficiently informed and submits its conclusions to the Commission.