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On 22 June 2021, the Dutch Authority for Consumers & Markets (ACM) published a statement that its investigations will be continued despite the fact that the European Commission (EC) has also opened an investigation into Apple's App Store. European rules state that EU member countries are not permitted to conduct investigations into the same company and the same matter as the European Commission. In this case, however, there is a difference in the scope of the investigation, which allows the ACM to continue its investigation. Specifically, the ACM is examining Apple's potential abuse of dominance regarding the App Store's terms and conditions, while the EC is focusing more on potential barriers Apple has set up protecting its own apps from apps representing direct competition. The ACM is therefore focussing more on the potential preferential treatment of Apple's own apps, the mandatory use of the App Store as a marketplace for app developers and the mandatory commission fee that comes with that obligation. All those aforementioned practices represent potential violations of competition law. The investigation by the ACM is expected to be concluded by the end of the year.
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