Spain’s antitrust watchdog is expanding an investigation into Apple over concerns that the tech giant is engaging in anti-competitive behavior, reports Euronews.
On July 24, Spain’s National Commission of Markets and Competition (CNMC) opened an investigation into Apple’s App Store, citing concerns the iPhone maker could be imposing unfair trading conditions on developers who use its store to distribute their software to iOS users.
Few details about the substance of the CNMC’s concerns have been made available, this is a translation (using Safari) of its press release: The National Commission on Markets and Competition (CNMC) investigates Apple Distribution International Ltd. and Apple INC. (Apple) for alleged conduct contrary to article 2 of Law 15/2007, of July 3, on the Defense of Competition (LDC) and 102 of the Treaty on the Functioning of the European Union (TFEU). (S/0005/24)
Specifically, Apple could be carrying out anti-competitive practices consisting of imposing unfair business conditions on developers who use the Apple group’s app stores (Apple App Store) to distribute applications to users of that company’s products.
The investigation was initiated ex officio, given the relevance that the economic activity that is carried out in the application stores is taking on in Spain.
If confirmed, the behaviors could constitute an abuse of position of dominance prohibited by article 2 of the LDC and 102 of the TFEU.
These practices could be considered as a very serious infringement of the LDC, which can lead to fines of up to 10% of the total global turnover of the infringing companies in the year prior to the imposition of the fine.
The initiation of this file does not prejude the final result of the investigation. A maximum period of 24 months is now opened for the investigation of the file and for its resolution by the CNMC.
On Tuesday, the CNMC said it will broaden the probe due to “new evidence” that the tech giant requires developers to follow a pricing schedule set by Apple in order to sell their apps in its marketplace, according to Euronews.
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