The National Commission for Markets and Competition (CNMC) is investigating Apple Distribution International Ltd. and Apple INC. (Apple) for alleged conduct contrary to article 2 of Law 15/2007, of July 3, on the Defence of Competition (LDC) and to article 102 of the Treaty on the Functioning of the European Union (TFEU).
Specifically, Apple may be engaging in anti-competitive practices by imposing unfair trading conditions on developers who use Apple’s App Store to distribute applications to users of Apple products.
The investigation was initiated ex officio, given the importance that the economic activity carried out in app stores is gaining in Spain.
If confirmed, the conduct could constitute an abuse of a dominant position prohibited by Article 2 of the LDC and Article 102 of the TFEU.
These practices could be considered a very serious infringement of the LDC, which may lead to fines of up to 10% of the total worldwide turnover of the offending companies in the year preceding the imposition of the fine.
The initiation of this case does not prejudge the final outcome of the investigation. A maximum period of 24 months is now open for the investigation of the case and for its resolution by the CNMC.
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