Germany’s Federal Court of Justice (BGH) is set to rule on whether Apple holds outstanding significance across markets on Tuesday, a classification that could subject the company to stricter competition control.
The US company is contesting a decision by Germany’s Federal Cartel Office that it had an “noteworthy, cross-market significance for competition” in 2023.
If the Karlsruhe-based court upholds the competition regulator’s assessment, Apple would face stricter monitoring for market abuse.
The BGH is ruling on Apple’s appeal as the first and only instance in the case.
Since a change in the law in 2021, the German regulator has been able to take action more easily against large digital companies.
The process consists of two steps. First, the authority determines whether a company holds significant influence across markets, regardless of a specific violation. If that is confirmed, it can then prohibit practices it considers harmful to competition.
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