Germany: Federal Court of Justice ruling confirming classification of Apple as company of paramount significance for competition across markets (No. 053/2025)

On 18 March 2025, the German Federal Court of Justice upheld a decision of the Federal Cartel Office, confirming that Apple has paramount cross-market significance for competition under Section 19a(1) of Germany’s Act against Restraints of Competition. The Court found that Apple, through its ecosystem including the iPhone, proprietary operating systems, App Store, and digital services, has substantial market power influencing multiple markets and competitors' business activities. The ruling reinforces the Federal Cartel Office’s authority to apply stricter regulatory oversight to large digital firms even in the absence of immediate anticompetitive conduct. The ruling also clarifies that Apple's designation as a gatekeeper under the European Union's Digital Markets Act does not preclude national competition enforcement.