Netherlands: Announced ACM rejection of Apple’s objections to periodic fines
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Announced ACM rejection of Apple’s objections to periodic fines
On 2 October 2023, the Dutch Authority for Consumers and Markets (ACM) announced it had rejected the objections filed by Apple against the periodic penalty imposed for abuse of its dominant position in the App Store which amounts to EUR 50 million. In particular, in 2019 the ACM found that Apple's terms, including mandatory use of its payment system and restrictions to use other payment methods, were unfair to dating app providers. The ACM ordered Apple to stop requiring providers to use Apple’s payment system and to lift the prohibition to refer to other payment methods outside the App Store. The ACM also imposed a fine of EUR 5 million euros per week, eventually reaching USD 50 million for failure to comply. Apple rejects the periodic penalty claiming that the ACM had incorrectly defined relevant markets and had overestimated the dominance of Apple's position in the dating app market. Apple has already filed an appeal against the ACM’s decision rejecting its objection.
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