German Court Reviews Stricter Antitrust Oversight of Apple

The Federal Court of Justice is assessing Apple's appeal against its designation as a company with significant cross-market influence under German competition law.

• The Federal Court of Justice (BGH) is deliberating whether Apple should face stricter antitrust oversight by the German Federal Cartel Office (Bundeskartellamt).
• Apple is challenging its 2023 classification as having 'overriding cross-market importance for competition,' a designation that allows regulators to restrict certain business practices.
• The case stems from a 2021 reform of Germany's competition laws, enabling regulators to act more decisively against dominant digital companies.
• Preliminary statements from the court suggest Apple's significant market influence, resources, and control over its App Store may meet the criteria for stricter oversight.
• A final ruling from the court, which is the first and last instance for such cases, has not yet been announced.

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