Proceedings against Apple

Based on its mobile end devices such as the iPhone, Apple operates a wide-ranging digital ecosystem which is of great importance to competition not only in Germany but also in Europe and worldwide. With its proprietary products iOS and the App Store, Apple holds a key position for competition as well as for gaining access to its ecosystem and to Apple customers. In April 2023 the Bundeskartellamt established that Apple is of paramount significance for competition across markets. Apple has appealed this decision to the Federal Court of Justice.

App Tracking Transparency Framework (ATTF)

In June 2022 the Bundeskartellamt initiated a proceeding to examine Apple’s tracking rules for third-party apps. In particular, the authority is looking into the initial suspicion that these rules may favour Apple’s own offerings and/or impede other companies.

More on this topic

  • Proceeding against Apple based on new rules for large digital companies (Section 19a(1) GWB) – Bundeskartellamt examines Apple’s significance for competition across markets

  • Bundeskartellamt reviews Apple’s tracking rules for third-party apps

  • Apple also subject to provisions for large digital companies under Section 19a GWB

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Rules for the digital economy

The Competition Act is keeping pace with the digital transformation. In 2017 it was amended to reflect current developments, for example in terms of platforms and networks. In 2021 it saw its provisions on abuse control fundamentally extended and modernised. At the European level, the Digital Markets Act (DMA) regulates so-called gatekeeper services.

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Digital markets

As a truly interdisciplinary topic, the digital transformation affects all industries. Many digital markets have a tendency towards concentration or are already dominated by a few big players. This is due to phenomena which are typically less noticeable in traditional markets, such as strong network effects, data processing and feedback loop effects resulting from such processing activities.

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Focussing on the digital economy

The Bundeskartellamt has already concluded numerous landmark proceedings relating to the digital economy, making it one of the leading competition authorities worldwide. In addition to enforcing competition law, the Bundeskartellamt also provides its expertise in the discussion of conceptual and pressing competition policy issues raised by the digital economy.

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