Europe Is Toxic For Investors, And The EU Commission Shows Why

Authored by Lindsay Mark Lewis via RealClearMarkets.com,

Europe has declared itself open for business — unless you’re actually trying to do business there. 

The European Commission’s latest €500 million fine against Apple, levied under the new Digital Markets Act (DMA), is not only a staggering penalty; it’s a signal flare to global investors that Europe is no longer a place of rule-based predictability, but one where political agendas override legal clarity, engagement, or fairness.

Apple’s offense? Attempting — repeatedly — to comply with a complex, evolving law while facing a Commission that gave them the silent treatment. According to correspondence reported by Politico, Apple spent the better part of 2024 making proposals, requesting guidance, and asking for confirmation that it was on the right side of the law. The Commission’s response: Delay, obfuscation, and ultimately, a massive fine that had seemingly been predetermined months in advance.

Let’s call this what it is: regulatory ambush.

In the Commission’s own words, “it is the sole responsibility of the gatekeepers to come up with product changes.” But how can companies do that when the Commission refuses to say what would or would not be compliant? When Apple proposed rolling back some of its rules, the Commission told them to wait for developer feedback. That feedback came from critics — Spotify, Epic, Match Group — and shortly after, Apple began to suspect, correctly, that it was being set up for a fall.

And fall they did — fined half a billion euros for allegedly not complying with a law whose requirements the Commission won’t clearly define. This is not regulation; it’s regulatory theater. It’s governance by trapdoor.

This isn’t just a tech story. This is a capital flight story.

Private investment in the EU has stagnated. According to Eurostat, inward foreign direct investment (FDI) flows into the EU were €49.5 billion in 2021, with significant fluctuations in subsequent years. Meanwhile, venture capital funding for European startups fell sharply. Crunchbase reports that funding to European startups reached $52 billion in 2023, down 39% year over year from $86 billion invested in 2022. Additionally, Dealroom.co notes that European startups raised $63 billion in 2023, down 37% from 2022.

Multinational firms want to put their money where laws are clear, processes are fair and predictable, and regulators act like referees, not rivals. The EU Commission’s actions reveal a deep hostility toward the very companies it seeks to regulate, combined with an alarming indifference to due process.

What boardroom would look at this behavior and decide to expand in Europe? What startup would take the risk of entering a market where regulators can move the goalposts in silence and then punish you for not kicking the ball into the invisible net?

The Commission wants to portray the DMA as a rules-based dialogue. But a dialogue requires two sides to speak. When regulators go dark, only to emerge with a fine the size of a small nation’s GDP, that’s not law — it’s regulatory brinkmanship.

Some in Brussels may quietly see these fines as a kind of counterweight to U.S. assertiveness — an economic tool to reassert sovereignty in a world shaped by Trump-era tariffs and America’s tech dominance. But that is a dangerous miscalculation. These fines will not protect Europe from trade aggression. They will not shield European industry from another round of Trumpian tariffs or tech restrictions. If anything, they give the U.S. and other trading partners an excuse to escalate, arguing — not without cause — that Europe is targeting foreign firms without providing a fair legal process. Rather than building resilience, this path isolates Europe further and erodes its attractiveness to allies and investors alike.

Europe is now on notice. If this is how the EU Commission intends to enforce its laws, then the real consequence won’t be more tech compliance — it’ll be less tech investment. The most damaging part of this fine isn’t the €500 million Apple will pay. It’s the long-term signal to the world: Europe isn’t a partner in innovation. It’s a minefield.