Article Title:
European Court Approves Dutch Antitrust Lawsuit Against Apple Over App Store Practices
Article Text:
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 operations. This development could potentially lead to Apple facing damages amounting to hundreds of millions of euros.
Background of the Case
Two Dutch foundations, representing iPhone and iPad users, have initiated legal proceedings against Apple. They contend that the fees imposed by Apple on third-party applications within the App Store are exorbitant and constitute an abuse of Apple’s dominant market position. Specifically, developers utilizing Apple’s in-app payment system are subjected to commissions reaching up to 30%. The foundations argue that these practices not only harm consumers but also stifle competition within the app marketplace.
Apple’s Defense and Jurisdictional Challenges
Apple has challenged the jurisdiction of the Dutch courts in this matter, asserting that the alleged infractions did not transpire within the Netherlands. The company maintains that its App Store operations are global, and any disputes should be addressed in the jurisdictions where the company is headquartered or where the alleged violations occurred.
CJEU’s Ruling
Despite Apple’s objections, the CJEU has determined that the Dutch courts possess the authority to hear the case. The court’s decision is based on the premise that the App Store in question is specifically tailored for the Dutch market. It utilizes the Dutch language and offers applications for sale to users with Apple IDs associated with the Netherlands, irrespective of their physical location. This localization implies that the alleged anti-competitive practices have a direct impact on Dutch consumers, thereby granting Dutch courts the jurisdiction to adjudicate the matter.
Potential Financial Implications
Legal representatives for the plaintiffs estimate that the damages incurred by approximately seven million iPhone users and an equal number of iPad users could total around 637 million euros, inclusive of statutory interest. This substantial figure underscores the potential financial repercussions for Apple should the court rule in favor of the plaintiffs.
Broader Context of App Store Scrutiny
This lawsuit is part of a broader pattern of increased scrutiny and legal challenges faced by Apple concerning its App Store policies:
– European Union’s Digital Markets Act (DMA): The DMA, which came into effect earlier this year, aims to promote fair competition in digital markets. Apple has been under pressure to modify its App Store practices to comply with the DMA’s provisions. In March 2024, Apple announced significant changes, including allowing alternative app marketplaces and supporting third-party browser engines. However, the European Commission has indicated that these changes may not be sufficient, leading to further investigations and potential fines. ([9to5mac.com](https://9to5mac.com/2023/09/06/digital-markets-act-antitrust-law/?utm_source=openai))
– Previous Legal Actions: In June 2025, a Dutch court upheld a 2021 decision by the Netherlands Authority for Consumers and Markets (ACM), confirming that Apple had abused its dominant App Store position, particularly concerning dating apps. This ruling resulted in a €50 million fine for Apple. ([9to5mac.com](https://9to5mac.com/2025/06/16/dutch-court-upholds-antitrust-ruling-against-apple-over-app-store-and-dating-apps/?utm_source=openai))
– Global Regulatory Pressure: Beyond Europe, Apple has faced similar antitrust investigations and legal actions in countries like Japan, Brazil, and the United Kingdom. These cases often focus on Apple’s requirement for developers to use its in-app payment system and the associated commission fees. ([9to5mac.com](https://9to5mac.com/2024/11/26/app-store-anti-steering-rules-declared-illegal-in-brazil-in-latest-antitrust-ruling/?utm_source=openai))
Apple’s Response and Future Outlook
Apple has consistently defended its App Store policies, arguing that they are designed to ensure user security and provide a seamless experience. The company contends that its commission structure is in line with industry standards and reflects the value provided to developers. In response to the CJEU’s decision, Apple is expected to continue its legal defense, potentially appealing unfavorable rulings and seeking to demonstrate compliance with applicable laws.
The upcoming merits hearing, anticipated in the first quarter of 2026, will be a pivotal moment in this legal battle. A ruling against Apple could not only result in substantial financial penalties but also compel the company to alter its App Store practices significantly. Such changes could have far-reaching implications for the app development ecosystem and the broader digital marketplace.
Conclusion
The CJEU’s decision to allow the Dutch antitrust lawsuit against Apple to proceed marks a significant development in the ongoing scrutiny of the company’s App Store practices. As legal challenges mount globally, Apple faces increasing pressure to adapt its business models to align with evolving regulatory landscapes. The outcomes of these cases will likely shape the future of app distribution and competition in digital markets for years to come.
