Germany’s top court hints at action over Apple’s dominance

Germany’s top court is examining whether Apple should be subject to stricter competition control by the country’s Federal Cartel Office, with an initial assessment suggesting the tech giant could be in bother.

The US company is contesting a decision by Germany’s competition regulator that it had an “noteworthy, cross-market significance for competition” in 2023.

This would make it easier to prohibit some of the company’s business practices.

Since a change in the law in 2021, the German regulator has been able to take action more easily against large digital companies.

Several criteria against Apple are “very largely fulfilled,” Federal Court of Justice Judge Wolfgang Kirchhoff said at an oral hearing on Tuesday.

For example, the court believes Apple has considerable financial and other resources as well as broad and deep data access. With its app store, Apple has a significant influence as a gatekeeper on the visibility and thus the success of third-party apps.

It is not yet known when the Karlsruhe-based court will hand down its final judgement.

Germany’s top court is examining whether Apple should be subject to stricter competition control by the country’s Federal Cartel Office, with an initial assessment suggesting the tech giant could be in bother.

The US company is contesting a decision by Germany’s competition regulator that it had an “noteworthy, cross-market significance for competition” in 2023.

This would make it easier to prohibit some of the company’s business practices.

Since a change in the law in 2021, the German regulator has been able to take action more easily against large digital companies.

Several criteria against Apple are “very largely fulfilled,” Federal Court of Justice Judge Wolfgang Kirchhoff said at an oral hearing on Tuesday.

For example, the court believes Apple has considerable financial and other resources as well as broad and deep data access. With its app store, Apple has a significant influence as a gatekeeper on the visibility and thus the success of third-party apps.

It is not yet known when the Karlsruhe-based court will hand down its final judgement.