Apple’s antitrust appeal: why German courts aren’t budging

(Originally posted on : Invezz )

Apple’s legal battle against Germany’s antitrust regulator faced a significant challenge this Tuesday, as federal judges strongly indicated they might side with the country’s cartel office.

After over three hours of deliberation, the judges suggested they are inclined to uphold the regulator’s assessment that Apple should be subject to additional market controls.

This development places Apple in a position similar to that of other tech giants like Google’s parent, Alphabet, and Meta (formerly Facebook), which have already been deemed to have “paramount cross-market significance” in Germany.

The case highlights the ongoing tension between the power of large tech companies and the need for regulatory oversight to ensure fair competition.

The core issue: Apple’s “paramount cross-market significance”

The heart of the dispute lies in the German cartel office’s assertion in April 2023 that Apple holds “paramount cross-market significance for competition.”

This designation paves the way for the implementation of measures aimed at curbing Apple’s market dominance.

Presiding Judge Wolfgang Kirchhoff, who led the panel assessing Apple’s appeal, said that after careful consideration, the court found that Apple’s influence across markets could indeed be deemed as such.

The designation is not a judgement on the company’s business practices in themselves, but rather a regulatory mechanism that comes into force based on its market position.

A legal standoff: Apple seeks EU court consultation

Despite the judges’ apparent leanings, the Federal Court of Justice deferred its final ruling on Tuesday, indicating that it needed more time to deliberate.

The legal team representing Apple made an impassioned appeal to the court, arguing for a consultation with the European Court of Justice in Luxembourg before any decision is reached.

Apple’s lawyers contend that German law, in this context, may not be entirely aligned with broader European Union regulations.

This call for EU-level involvement suggests a strategy to try and broaden the appeal beyond the national court.

Interestingly, Judge Kirchhoff had mentioned in his opening remarks that there were no apparent grounds to refer the matter to the EU court.

Implications: joining the ranks of tech giants under scrutiny

If the German court confirms the cartel office’s assessment, Apple would join the ranks of tech giants such as Alphabet and Meta, as companies subject to additional controls in Germany due to their significant cross-market influence.

The German authorities seem determined to prevent any single company from having excessive power over consumers.

This case serves as a potent reminder of the scrutiny that large tech companies are facing globally as governments and regulatory bodies seek to create more equitable market conditions.

The decision will likely serve as a precedent for similar cases in the future.

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