Last November, Brazil's Administrative Council for Economic Defense (Cade) gave Apple 20 days to open its ecosystem. The regulator was acting after a complaint filed in 2022 by the e-commerce platform Mercado Libre. The latter accuses the apple firm of forcing developers to use the in-house payment service, the one that allows Apple to earn a commission on each transaction (and 15 to 30%).
Apple is abusing its dominant position, according to Brazil
The Cade estimated that Apple was abusing its dominant position, and that this would not happen if the American group did not impose restrictions on developers on in-app purchases.
But there you go, 20 days to comply is very little! Apple appealed and obtained the cancellation of the injunction... but it did not last very long. The Federal Regional Court reinstated the preventive measure imposed by Cade, and therefore gives the company 90 days to comply. Apple's argument that there is no urgency to implement the changes imposed by the authority is unfounded, the court said.
The judge, whose words were quoted by Valor Economico, believes that “the closed structure of iOS and the restrictions imposed on the marketing of applications by third parties are precisely the elements that justify preventive intervention by the antitrust authority. Maintaining these restrictions could "compromise the entry of new competitors and make it impossible to restore competition in the sector".
And the judge recalled that Apple had already complied with similar obligations in other countries, "without this having demonstrated a significant impact or irreparable harm to its economic model". Follow my gaze to the European Union... The 90 days will, according to him, allow the development of the technical architecture necessary for the opening of iOS.
For Apple, these measures of opening up to competition could "harm confidentiality and security" of our users», a refrain repeated like a mantra and which, unfortunately for the company, convinces regulators less and less.
Source: 9to5Mac
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