Technology · Digital regulation
Meta warns European users face worse experience after EU DMA ruling
The European Commission fined Meta €200 million for a subscription model it says breaches the Digital Markets Act. The company says fixes could degrade its products for EU users as soon as July.
Meta has told investors that European users of Facebook and Instagram should brace for a materially worse experience as early as July, after the European Commission ruled that the company's 'consent or pay' subscription model breaches the Digital Markets Act. The Commission imposed a €200 million fine last week and gave Meta 60 days to bring the model into compliance, a deadline that falls in the third quarter. In its quarterly earnings statement the company said the modifications it expects to make 'could result in a materially worse user experience for European users and a significant impact' on its European business and revenue, adding that those effects may apply even while it appeals the decision.
How the consent-or-pay model works
Since late 2023 Meta has offered European users a binary choice: pay a monthly fee, originally €9.99 on desktop, €12.99 on mobile, for an ad-free version of Facebook and Instagram, or continue using the free service while allowing Meta to combine data gathered across its platforms for personalised advertising. The Commission's objection is that the design does not give users a genuine ability to consent freely to the processing of their personal data. Regulators argue the fee is set high enough to coerce most users into accepting tracking, undermining the spirit of the Digital Markets Act, which designates Meta as a gatekeeper and requires it to offer a true alternative to behavioural advertising.
The Commission is also assessing a second option Meta introduced last year, which the company says uses less personal data to serve ads. That assessment is ongoing. Meanwhile Meta must either reshape the existing model or withdraw it within the 60-day window, or face further penalties. The fine itself is modest relative to Meta's €134 billion revenue in 2024, but the operational consequences of a forced redesign could be far larger.
Financial stakes and the UK divergence
Meta's warning that the remedy could hurt European revenue 'significantly' reflects the importance of the region, which accounted for roughly 22% of the company's advertising income in 2024. The UK, by contrast, is not affected because Meta has not rolled out the ad-free subscription there. Instead it is in discussions with the Information Commissioner's Office about what a compliant UK model might look like. A Meta spokesperson said the company was engaging with the ICO to ensure its service satisfies regulatory expectations 'while delivering the UK Government's commitment to ensure that regulators and regulation support growth', and cited a figure of over £19.5 billion in annual revenues driven for UK businesses by personalised advertising on Meta's platforms.
The divergence highlights a broader tension. The EU's DMA is an ex-ante competition instrument that sets behavioural rules for designated gatekeepers. The UK's Digital Markets, Competition and Consumers Act, which received royal assent in 2024, follows a similar philosophy but the Competition and Markets Authority has not yet designated Meta or issued comparable binding remedies. Until it does, British users remain on the pre-DMA status quo.
Analyst view: turning users into lobbyists
Eric Seufert, an analyst who writes the Mobile Dev Memo newsletter, told the BBC he believes Meta may be pursuing a deliberate strategy. 'What they ultimately want to do is turn public opinion against this regulatory regime which will demonstrably degrade the product offerings that are available to EU residents,' he said. By warning of a degraded experience before the changes even take effect, Meta risks turning its own European user base into vocal opponents of the very rules designed to protect their privacy. The tactic mirrors campaigns the company has run in other jurisdictions, including a 2021 newspaper advertising blitz against Apple's App Tracking Transparency framework.
Whether the strategy works is uncertain. European consumers have shown limited willingness to pay for privacy: Meta has not disclosed subscription uptake, but industry estimates suggest single-digit percentages of active users have opted for the paid tier. If the Commission forces a lower price or a genuinely free, less-tracked alternative, the revenue hit could be substantial. If Meta instead degrades the free tier, for example by reducing functionality or inserting more intrusive non-personalised ads, the user backlash Seufert predicts could materialise.
Broader regulatory pressure: Apple and the FTC
Meta's DMA fine arrived in the same week the Commission levied a €500 million penalty on Apple for App Store practices that steer users away from alternative payment options. The two cases signal a more muscular enforcement posture from the European Commission's competition directorate under the DMA, which entered full application in March 2024. Both companies have said they will appeal. For Meta, the European front is only one of several. In the United States the Federal Trade Commission is pursuing a monopoly case that alleges Meta cemented its dominance by acquiring Instagram in 2012 and WhatsApp in 2014. The trial, which began in April, could force a structural breakup if the FTC prevails.
The simultaneous pressure on both sides of the Atlantic is unusual. Historically, US tech giants have faced serial rather than parallel enforcement actions. The convergence reflects a shift in political consensus: European regulators have moved from ex-post fines to ex-ante rulemaking, while the Biden administration's FTC, led by Lina Khan, has revived structural antitrust arguments dormant since the Microsoft case two decades ago.
Earnings strength masks regulatory uncertainty
Against this backdrop Meta posted first-quarter results that beat Wall Street expectations. Revenue rose 27% year on year to $36.5 billion, driven by a 6% increase in daily active people across its family of apps to 3.24 billion. Mark Zuckerberg highlighted progress on artificial intelligence, stating that Meta AI now has almost one billion monthly active users and that the company is making 'good progress on AI glasses'. Matt Britzman, senior equity analyst at Hargreaves Lansdown, said the results showed Meta has gone 'full throttle on investments in AI' and that the user growth signalled a grip on users 'that's hard to displace'.
The AI rollout has not been frictionless. The recent deployment of the Meta AI chatbot to European WhatsApp users drew complaints from some who found the feature impossible to remove. Meta described the tool as optional and said it would listen to feedback. The episode illustrates a recurring pattern: the company moves quickly to embed new products across its ecosystem, then adjusts when users or regulators push back.
Sources
People mentioned
Eric Seufert
Matt Britzman
Organisations
Meta · European Commission · Information Commissioner's Office · US Federal Trade Commission