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Spanish regulator investigating Apple for anti-competitive practices in App Store


The Comisión Nacional de los Mercados y la Competencia (CNMC), the Spanish competition authority, has launched an investigation into Apple for possible anti-competitive practices within the App Store.

According to the CNMC, Apple could be imposing unfair commercial conditions on developers who use Apple’s App Store to distribute their mobile applications to users. The regulator suspects Apple of abusing its dominant market position.

Unfortunately, the CNMC doesn’t share more details regarding the accusations and the investigation. It only says the study will probably take two years to conduct. If found guilty, the regulator could impose a fine of up to ten percent of Apple’s worldwide turnover.

“Spanish developers of all sizes compete on a level playing field on the App Store. Apple will continue to work with the Spanish Competition Authority to understand and respond to their concerns,” Apple said in a statement to Reuters.

In June, after a thorough investigation, the European Commission concluded in preliminary findings that Apple’s App Store rules breach the Digital Markets Act (DMA). For example, according to the App Store’s rules, developers aren’t allowed to provide pricing information within the app or communicate in any other way on alternative distribution channels outside the App Store – if they do, their apps will be removed.

In addition, the European Commission acknowledges Apple is allowed to impose a fee for facilitating the distribution of apps. However, the fees charged by Apple go “beyond what is strictly necessary” for such compensation.

“We have reason to believe that the AppStore rules not allowing app developers to communicate freely with their own users is in breach of the DMA. We are also opening a new case in relation to Apple’s new business terms for iOS. Without prejudice to Apple’s right of defense, we are determined to use the clear and effective DMA toolbox to finally open real opportunities for innovators and for consumers,” Thierry Breton, Commissioner for Internal Market, said in a statement.

“The developers’ community and consumers are eager to offer alternatives to the App Store. We will investigate to ensure Apple does not undermine these efforts,” Margrethe Vestager, Executive Vice-President in charge of competition policy, added to her colleague’s remarks.


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