Germany: Announced Bundeskartellamt investigation into Apple for alleged anti-competitive practices

On 21 June 2021, the German Federal Cartel Office (Bundeskartellamt) opened an 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 entered into force on 19 January 2021 and created new rules for large digital companies. In particular, Section 19a gives Bundeskartellamt the authority to open investigations into companies faster and more effectively to assess if they are “of paramount significance for competition across markets" and prohibit them to engage in anti-competitive practices. This investigation was also opened pursuant to Section 19a and will assess the company’s position in various markets, as well as its magnitude of technological and financial resources and the level of data access. Furthermore, the agency will focus on the operation of the App Store since it enables Apple to influence third-party businesses. Finally, the Bundeskartellamt noted that it intends to examine acts of self-preferencing by Apple in regard to the pre-installation of apps and the restriction of app developers in Apple’s App Store.