Apple lost its appeal on Tuesday in the main civil court in Germany against the designation of significant market power, a label that gives the antitrust regulators more scope and flexibility to examine business practices of companies.
The judges of the Federal Court of Justice supported the appointment of Apple in 2023 by the German office office as a “company of utmost importance for the competition”.
With this, Apple joins Alphabet the Google parent company, and the Facebook owner, Meta, in the growing list of German technological giants subject to possible measures to stop its domain.
In recent years, regulators around the world have taken drastic measures against large technological ones in an effort to open markets to rival startups and offer consumers more options. The Digital Markets Law (DMA) of the European Commission, promulgated in 2023, is considered a reference.
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Apple said that it faces a hard jurisdiction in Germany and that it does not agree with the Court’s decision.
“This neglects the value of a business model that places the privacy and safety of users in the center,” said a company spokesman in a statement sent by email to Reuters.
While the judicial ruling is a victory for the German anti -proteo control agency, the energetic measures of the powerful EU regulators is a major threat to large technological ones, said Assimakis Komninos, a partner of White & Case.
“The court argues that German legislation can be maintained. But the scope of the Digital Markets Law is not affected and, in practice, it is basically the main standard for large technological ones,” he said.
A judge had indicated in January that the German court would put on the regulator side.
The court also refused to consult with the European Court of Justice in Luxembourg on the case, as requested by the Apple legal team.
Apple’s app store has faced particular scrutiny in Europe, where regulators have indicated concerns about the large amount of data that collects user behavior.
The president of the Cartel office, Andreas Mundt, welcomed with satisfaction the decision of the court in a statement.
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“This means that the Supreme Court has confirmed that Apple is subject to more strict abuse control,” Mundt said.
“Therefore, our ongoing review of Apple’s monitoring regulation for third -party applications is on a solid base, and we are working hard in this case and other cases against the main Internet companies,” he added.
With Reuters information
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