Spain launch competitive analysis over Apple’s App Store methods

Apple Passeig de Gracia in Spain
Spain is the latest country accusing Apple of anticompetitive practices in relation to alleged unfair treatment for developers on the App store. The investigation will be conducted by Spain’s Comision Nacional De Los Mercados Y La Competencia, which previously fined Apple & Google $218 million in total for antitrust violations. The fine is suspended while the two companies appeal against the decision at the Spanish High Court. According to Europa Press, CNMC announced a new investigation on the App Store. The investigation is about possible anti-competitive conduct over allegedly “imposing unjust commercial conditions” on developers. This investigation was not prompted by a specific complaint as is usually the case, but rather “was initiated ex officio due to the importance of the economic activity carried on in app shops in Spain.” The CNMC has not yet made any specific allegations, presumably because it is just beginning its investigation. Nevertheless, based on other antitrust investigations from other countries, it is likely that at least a part of the investigation will be about Apple’s prior anti-steering restrictions. If Apple is found to be guilty, it would be under Spain’s article 2 of the Law on the Protection of Competition. According to reports, a violation of the LDC can lead to fines up to 10% of total worldwide turnover for the offending company in the year before the imposition of fine. Spain’s investigation must be completed and a ruling issued within two years. Apple has not publicly commented on the investigation. The Spanish decision to examine the App Store follows many other countries, including Japan, who have done the same.