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Competition & EU law insights

Keeping you up to date on Competition & EU law developments in Europe and beyond.

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Netherlands: Dutch ACM Upholds its Penalty Order against Apple: Apple’s App Store Terms Are in Breach of Competition Law

On 2 October 2023, the Dutch competition authority (ACM) published its decision on the objections filed by Apple on 13 July 2023 against the ACM’s decision of 24 August 2021  - imposing an order subject to periodic penalty payments on Apple for infringing the abuse of dominance provision laid down in Article 24 of the Dutch Competition Act and Article 102  of the TFEU - and against the decision of 13 June 2022 on the collection of penalty payments for non-compliance with the penalty order. The ACM’s decision on the objections is open for appeal to the District Court of Rotterdam. We consider it likely that Apple will appeal and that we have not seen the end of this case.

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competition law, eu law, dutch competition authority, abuse of dominance, dutch competition act, netherlands, competition & eu law, technology & communications