Apple Faces Dutch Antitrust Lawsuit Over App Store Fees
Apple is confronting significant legal challenges in Europe as the Court of Justice of the European Union (CJEU) has authorized a Dutch antitrust lawsuit concerning the company’s App Store practices. This development could potentially lead to Apple facing damages amounting to hundreds of millions of euros.
Background of the Case
Two Dutch foundations, representing a combined total of approximately 14 million iPhone and iPad users, have initiated legal proceedings against Apple. They allege that the company’s App Store fees are exorbitant and constitute an abuse of its dominant market position. Specifically, Apple imposes commissions of up to 30% on app developers who utilize its in-app payment system. The foundations argue that these fees are detrimental to consumers and developers alike.
Apple has contested the jurisdiction of the Dutch court, asserting that the alleged infractions did not occur within the Netherlands. However, the CJEU has determined that the case is admissible. The court noted that the App Store in question is tailored specifically for the Dutch market, offering apps in the Dutch language to users with Apple IDs associated with the Netherlands, irrespective of their physical location. This decision paves the way for the lawsuit to proceed within the Dutch legal system.
Potential Financial Implications
The financial stakes for Apple are substantial. Legal representatives for the plaintiffs estimate the damages at approximately 637 million euros, encompassing statutory interest. This figure reflects the cumulative impact on the seven million iPhone users and seven million iPad users purportedly affected by Apple’s App Store policies in the Netherlands.
Apple’s Response
In response to the CJEU’s ruling, Apple has expressed its disagreement, framing the issue as one of jurisdiction. The company has stated its intention to vigorously defend itself in the forthcoming proceedings, maintaining that the claims lack merit.
Broader Context of App Store Scrutiny
This lawsuit is part of a broader pattern of regulatory and legal challenges confronting Apple regarding its App Store operations:
– European Union’s Digital Markets Act (DMA): The DMA, which came into effect earlier this year, aims to promote fair competition in the digital market. It identifies Apple as a gatekeeper and mandates changes to its App Store practices to comply with new regulations. Despite Apple’s efforts to align with the DMA, the European Commission has indicated that the company’s modifications are insufficient, highlighting very serious compliance issues.
– Previous Legal Actions: Apple has faced similar antitrust actions in other jurisdictions. For instance, in June 2025, a Dutch court upheld a ruling by the Netherlands Authority for Consumers and Markets (ACM), confirming that Apple had abused its dominant position in the App Store, particularly concerning dating apps. This decision resulted in a €50 million fine for Apple.
– Global Regulatory Pressure: Beyond Europe, Apple has encountered regulatory scrutiny worldwide. In Brazil, the company’s anti-steering rules, which prevent developers from directing users to alternative payment methods, were declared illegal. Similarly, Spain’s National Commission of Markets and Competition initiated an investigation into Apple’s App Store practices, focusing on potential anti-competitive behavior.
Implications for the Tech Industry
The outcome of the Dutch lawsuit could have far-reaching implications for the tech industry, particularly concerning how platform operators manage their app stores and the fees they impose on developers. A ruling against Apple may set a precedent, prompting other jurisdictions to reevaluate and potentially challenge similar practices.
Looking Ahead
The Dutch antitrust case is expected to proceed to a merits hearing in the first quarter of 2026. As the legal process unfolds, it will be closely monitored by industry stakeholders, regulators, and consumers, given its potential to reshape the landscape of digital marketplaces and app distribution.
