Italy Fining Apple 10M Euros for 'Dishonest Commercial Practices' Related to iPhone Throttling

Nearly one year after reports began circling about Apple's throttling of older iPhones with degraded batteries, Italy's antitrust authority is now fining Apple 10 million euros (about $11.5 million USD) for "planned obsolescence" of its smartphones (via The Korea Herald). The fine on Apple follows Italy's investigation into iPhone battery slowdowns that began back in January, and the Italian authority is also fining Samsung $5.7 million for similar reasons.

In a statement, the Italian authority said that "Apple and Samsung implemented dishonest commercial practices" with their respective smartphones, thanks to operating system updates that "caused serious malfunctions and significantly reduced performance, thus accelerating phones' substitution."

iphone slow
This is the definition of planned obsolescence, which Apple has refuted numerous times in the past. Most recently, Apple's VP of marketing Greg Joswiak called the idea of planned obsolescence "the craziest thinking in the world."

According to Reuters, Apple was fined more than Samsung because it failed to give customers clear information about how to maintain or eventually replace smartphone batteries.

The anti-trust body said in a statement that some Apple and Samsung firmware updates “had caused serious dysfunctions and reduced performance significantly, thereby accelerating the process of replacing them”.

It added the two firms had not provided clients adequate information about the impact of the new software “or any means of restoring the original functionality of the products”.

When the reports began circulating in December 2017, claims were made that Apple was deliberately slowing down older iPhones that weren't operating at peak battery performance. In a response, Apple said it was aiming to smooth out the high power draw peaks that can result in shutdowns and other problems in older devices so that its customers had "the best experience."

Eventually, it was discovered that Apple quietly implemented a power management feature into iOS 10.2.1 that prevents older iPhones from shutting down during times of peak power draw, which rolled out in January 2017. Because the feature was not widely publicized until the accusations against Apple took place, many customers felt deceived by the company. In response, Apple apologized for not better explaining its actions and now offers $29 battery replacements for the iPhone 6 and later until the end of the year. On January 1, 2019, battery replacements will cost $49.

Furthermore, iOS 11.3 launched in the spring with detailed information about battery health so that customers can know if the state of their battery is impacting processor performance. With the update, the power management feature can also be turned off.

Over the course of the year, an increasing amount of countries and customers have investigated or sued Apple over "secretly throttling" older iPhones. In the spring, Apple faced more than 60 class action lawsuits over the incident, and these eventually became consolidated in one courtroom in the U.S. District Court for Northern California.

In an earnings call over the summer, Apple CEO Tim Cook explained that Apple has never done an internal analysis on how many people have bought a battery replacement instead of purchasing a new iPhone, because that statistic wasn't a factor in their decision to offer the discounted batteries. "It was never about that for us," said Cook. "It was about doing something great for the user. Treat users and customers well and you have a good business over time. That's how we look at that."

Popular Stories

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Less Than Two Months Away: Everything We Know

Thursday July 25, 2024 5:43 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
icloud private relay outage

iCloud Private Relay Experiencing Outage

Thursday July 25, 2024 3:18 pm PDT by
Apple’s iCloud Private Relay service is down for some users, according to Apple’s System Status page. Apple says that the iCloud Private Relay service may be slow or unavailable. The outage started at 2:34 p.m. Eastern Time, but it does not appear to be affecting all iCloud users. Some impacted users are unable to browse the web without turning iCloud Private Relay off, while others are...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...

Top Rated Comments

needsomecoffee Avatar
75 months ago
--Denied customers' requests to replace batteries
--Rigged the test software to avoid replacing batteries
--Released OS that crippled phones, and refused to comment
--Fixed OS after "The Internet" figured out what they did

And Italy is blamed for making a "cash grab" by the apologists here...

Discovery is undoubtedly underway in the US class suit. Will be interesting to see how this plays out.
Score: 34 Votes (Like | Disagree)
northernmunky Avatar
75 months ago
Yeah, Italy made the wrong decision. Operating Systems become more resource heavy as technology advances and faster hardware and more RAM go into new phones to take that into account.

Its just the way technology works. Thats why eventually they stop supporting new IOS versions on older phones. Not for "planned obsolescence", but because the older hardware just plain CANT HANDLE IT!

And as for the batteries, what do you prefer? a phone that slows down slightly to prevent unexpected shutdowns? Or a phone that shuts itself off randomly making you think its broken and have to replace it?

The situation is actually worse for Apple if they DONT slow the phones down.
Score: 30 Votes (Like | Disagree)
OllyW Avatar
75 months ago
That's odd. Ever since I replaced the battery on my 6s Plus and upgrade to iOS 12, my iPhone has been performing faster than it ever has. Faster even than when I bought it in 2014...
They were fined for what happened when you installed iOS 10.2.1.
Score: 26 Votes (Like | Disagree)
840quadra Avatar
75 months ago
Yep, it’s better that these phones shut down unexpectedly due to overwhelming the batteries. Especially when the user is in a safety or medical emergency.

I agree that Apple and others should have disclosed that they did this, but I don’t see it as taking advantage of customers. If Apple really wanted to push users into new phones, they would be well within their rights to only do 2 or 3 years of software updates, like hundreds of Android phone models get away with.
Score: 23 Votes (Like | Disagree)
swm Avatar
75 months ago
omg - italy - the land where everything is organised and just works.
Score: 20 Votes (Like | Disagree)
ayvittu Avatar
75 months ago
Guess Italy needs to brush up their budget after the EU has rejected it.
Score: 15 Votes (Like | Disagree)