Large digital groups have long been in German competitive keeper sites. The Federal Court of Justice (BGH) is now clearly looking at Apple – and examines an important label. This is about the question whether the iPhone group-it means In law – “Excellent cross -marketed importance for competition is”.
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Bundscartelmat Says: Yes. The group thus defines a strict abuse supervision of the competitive keeper. But the Apple defends itself against classification – so that the BGH’s Cartel Senate in Carlsuhe will now have to decide in the first and final example. But which criteria should be fulfilled for determination? And what will be followed? The most important question at a glance:
What are the results of classification?
BGH, which is interacted on Tuesday morning, so now, Cartel office assessment Following the authority’s process can speed up some practices from Apple. Currently, competitive keepers are closely looking at Apple’s tracking control for the third-party app. In particular, it is about the fact that Apple users have to agree to trekking when using third-party apps-not with the other hand. The cartel office checks whether Apple prefers or other companies obstruct it accordingly. If necessary, they can restrict the group of this process.
What are the rules about it?
Since the law reforms the law against restrictions on competition (GWB) in January 2021, the Cartel Office has become easier to work against large digital companies, which are important for competition for borders between different market areas. “A special feature of digital markets is that they are running very fast,” the lawyer and expert in the IT law explain Isabel Conrad. Along with the new process – recorded in paragraphs 19A of GWB – This fast speed should also be integrated into the antitrust law.
How does the process work?
The instrument provides for two stages. In the first phase, Bundcartelmat can determine without caring for a solid violation, that a certain group has an excellent cross -market significance for competition. In level two, the Bon Authority will then have special powers. For example, this can refuse to use your own proposal to prefer your own proposals on your website compared to rivals in presentation to the company.
Which criteria should be met?
Evaluation is about the question whether the company is prominent in one or more markets. Access to special resources also plays a role. “In the digital field, it often has access to competitive data,” says Conrad. For example, Apple has access to users’ tools of data about purchase behavior in app stores, and is using the iOS operating system for data using the apps. “If the data is connected, there is a big data trail.”
Which companies are already wearing this label?
So far, Bundeskartetellamt has classified five digital veterans as companies with outstanding cross-mortgage importance: Google Group alphabet, Facebook Group Meta, Apple, Amazon and Microsoft. Except for Apple, all resolutions are final. Amazon also filed a complaint against the decision of the competitive keeper – but BGH stood on the banks of the Cartel office in April 2024.
What did the Cartel Office decide on Apple?
According to the competitive keeper, Apple has “prominent, but at least in all vertical stages in the market, based on smartphones, tablets and smartwatches, your own operating system for your own operating system through your own operating system, through your own operating system Through, “Karetellamt 2023 is decided. The company works on a large number of connected markets and plays an important role in the reach of third parties for purchases and sales markets. “In addition, Apple has excellent access to important financial power and other resources with competitive data,” it said.
How does Apple see?
The iPhone group stated that the classification of the authority is “hard competition that Apple exposes in Germany” and neglects the value of a business model “that focuses on the user’s privacy and security”. The Cartel Office artificially dismissed Apple’s proposal in separate markets for equipment, operating system and app store. Rather, it is an integrated system of hardware and software.
(BSC)
