Apple Faces Antitrust Lawsuit in Dutch Court for App Store Fees
By Foo Yun Chee and Inti Landauro
BRUSSELS, Dec 2 (Reuters) – Apple is set to face a lawsuit in a Dutch court for alleged antitrust damages related to its App Store. The Court of Justice of the European Union (CJEU) ruled in favor of two foundations, Stichting Right to Consumer Justice and Stichting App Stores, who are seeking compensation for users affected by Apple’s alleged anti-competitive conduct.
The foundations argue that the fees charged by Apple for third-party apps on the App Store are excessive, harming users and constituting an unlawful abuse of a dominant position. Apple, however, contested the jurisdiction of the Dutch court, claiming that the alleged harmful event did not occur in the Netherlands.
The CJEU rejected Apple’s arguments, noting that the App Store in question is specifically tailored to the Dutch market and offers apps for sale to users with Dutch Apple IDs. This, the court ruled, establishes jurisdiction for a Dutch court to hear the case.
“The damage allegedly suffered when purchases are made in that virtual space can therefore occur in that territory, irrespective of the place where the users concerned were situated at the time of the purchase,” the judges stated.
Apple has chosen not to comment on the ruling, while the two foundations involved have yet to respond to requests for comment. The case, officially known as C-34/24 Stichting Right to Consumer Justice and Stichting App Stores Claims, will proceed in the Dutch court system.
This development highlights the ongoing scrutiny faced by tech giants like Apple over their business practices, particularly in the realm of app distribution and fees. The outcome of this case could have significant implications for how companies operate within the European market.
(Reporting by Inti Landauro; Editing by Benoit Van Overstraeten)
