Overview

• The Federal Court of Justice (BGH) has upheld the Bundeskartellamt's 2023 classification of Apple as having 'overarching market significance.'
• This ruling allows the Federal Cartel Office to impose stricter oversight and prohibit practices it deems harmful to competition.
• Apple’s tracking rules for third-party apps, app pre-installation practices, and operating system restrictions are under ongoing investigation.
• The decision is final and aligns with Germany’s 2021 Competition Act reform, which facilitates earlier intervention against large digital companies.
• Apple criticized the ruling, stating it faces strong competition in Germany and prioritizes user privacy and security in its business model.