The tax does not apply if people subscribe through a non-Apple device, such as on a desktop, and then use the service afterwards on an Apple device.
Ek said that that should compete daily on merit, not based on who owns the App Store.
Meanwhile, other developers have also complained about Apple's constantly evolving App Store guidelines, which feels shifting goalposts that the company changes on a whim, often to suit its own interests while claiming to do so on behalf of its users.
The charge makes Spotify's premium membership more expensive than Apple Music, so the company said it refuses to use the system.
Spotify has been unhappy with its treatment by Apple for years, and filed an informal complaint with the Commission three years ago, said Jacques Lafitte at the Avisa consultancy in Brussels.
Additionally, Ek highlighted rules by Apple that "give themselves an unfair advantage at every turn". And Ek says that all app stores should not be allowed to control communications, including marketing and promotions, between services like Spotify and its customers.
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The 30% cut Ek's referring to is commonly known as "Apple tax", and Apple has been sued over it before.
Spotify's claims, while Europe-based, come just days after US presidential candidate Elizabeth Warren said she would move to break up Apple for reasons that resonate with Spotify's complaint.
"Apple requires that Spotify and other digital services pay a 30% tax on purchases made through Apple's payment system, including upgrading from our Free to our Premium service".
Of course, Spotify is not the only one who has been burned by Apple's practices.
Ek noted that apps like Uber aren't subject to the "Apple tax", and that Spotify isn't looking for special treatment, just equal treatment. "This is how we convert our free customers to premium", Gutierrez said. Instead, the company is asking for fair set of rules that apple to everyone on the App Store, including Apple itself.
Secondly consumers should have a choice of payment systems and shouldn't be locked in or forced to use systems with discriminatory tariffs such as Apple's.
As I recently shared, competition pushes us to evolve and improve both the customer and creator experience.