Overview

• The Federal Court of Justice (BGH) has upheld the Bundeskartellamt’s 2023 decision to classify Apple as a company with 'overarching market significance for competition.'
• This final ruling allows the Bundeskartellamt to impose restrictions on Apple’s practices deemed harmful to competition, such as preferential treatment of its own apps.
• The decision is rooted in a 2021 reform of Germany’s Competition Act, which enables preemptive action against companies with significant cross-market influence.
• Ongoing investigations include Apple’s app tracking rules, which allegedly favor its own apps over third-party alternatives by exempting them from user consent requirements.
• Apple criticized the ruling, emphasizing its commitment to user privacy and security, while the Bundeskartellamt welcomed the strengthened legal foundation for its regulatory efforts.