Germany: Issued Bundeskartellamt ruling classifying Apple as company "of paramount significance for competition across markets"

On 5 April 2023, the German Federal Cartel Office (Bundeskartellamt) issued its ruling in its investigation into Apple under Section 19a(1) of the Competition Act (GWB) to determine if the entity is abusing its power in various markets. The GWB, which entered into force on 19 January 2021, created new rules for large digital companies. Bundeskartellamt, pursuant to Section 19a of the GWB, conducted its investigation into Apple and determined that it is a company "of paramount significance for competition across markets". The Bundeskartellamt stated that the degree of vertical integration of the Apple ecosystem, combined with its vast economic resources and large user base, puts the company in the position of potentially engaging in anticompetitive practices. Although no further proceedings have been initiated against Apple, following this ruling, Apple will be subject to special abuse control by the Bundeskartellamt. The ruling assessing that Apple is a company "of paramount significance for competition across markets" will be valid for five years and will enable Bundeskartellamt to prevent Apple from engaging in anticompetitive practices through a two-step process.