Apple Subject to 'Special Abuse Control' Says German Antitrust Regulator [Updated]

Germany's Bundeskartellamt (Federal Cartel Office or FCO) antitrust authority today announced that Apple is subject to "extended abuse control" under the German Competition Act, which means that German regulators can prevent the company from engaging in "anti-competitive practices."

apple app tracking transparency ad
FCO president Andreas Mundt said that Apple's economic position is not adequately controlled by competition, giving German authorities the right to step in.

Apple has an economic position of power across markets which gives rise to a scope of action that is not sufficiently controlled by competition. Based on its mobile end devices such as the iPhone, Apple operates a wide-ranging digital ecosystem which is of great importance to competition not only in Germany, but also throughout Europe and the world. With its proprietary products iOS and the App Store, Apple holds a key position for competition as well as for gaining access to the ecosystem and Apple customers. This decision enables us to specifically take action against and effectively prohibit anti-competitive practices.

In the press release, the FCO says that Apple's two billion device active install base gives it a "strong power" to create rules for third parties, with Apple exerting control over customers and access to customers. Combined with Apple's resources, Apple is in a "position of power" that makes it subject to the aforementioned "special abuse control." This designation is valid for five years.

German regulators are already looking into Apple's ad tracking rules and App Tracking Transparency, a measure that requires apps to get explicit user consent before tracking them. The investigation began in 2022 with the aim of determining whether Apple's anti-tracking technology is anti-competitive.

At the current time, the FCO has not decided whether to initiate further proceedings against Apple. Alphabet/Google, Meta/Facebook, and Amazon have previously been subject to these rules. A 2021 amendment to the German Competition Act provided the FCO with the power to "intervene early and more effectively" to prevent major tech companies from engaging in anti-competitive practices.

In a statement to MacRumors, Apple said that it plans to appeal the decision, and that it does not agree with some of the claims used to classify the company as in a position of power.

Apple is proud to be an engine for innovation, job creation, and competition in every market where we operate. The FCO’s designation misrepresents the fierce competition Apple faces in Germany, and it discounts the value of a business model that puts user privacy and security at its core. While we will continue to work with the FCO to understand their concerns, we plan to appeal their decision.

Apple said that the FCO is not presenting an accurate picture of the hardware market in Germany, and that the decision is not based on Apple's true competitive significance. Despite the FCO's claims that Apple's ecosystem limits customer choice, Apple says that iPhone and iPad are not stuck with the Apple ecosystem, but rather choose to use Apple products due to loyalty to the company.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching in Three Months With These 12 New Features

Saturday June 14, 2025 5:45 pm PDT by
The iPhone 17 Pro and iPhone 17 Pro Max are three months away, and there are plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of June 2025:Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone X through iPhone 14 Pro have a...
iPadOS 26 App Windowing

Apple Explains Why iPads Don't Just Run macOS

Friday June 13, 2025 7:46 am PDT by
iPadOS 26 allows iPads to function much more like Macs, with a new app windowing system, a swipe-down menu bar at the top of the screen, and more. However, Apple has stopped short of allowing iPads to run macOS, and it has now explained why. In an interview this week with Swiss tech journalist Rafael Zeier, Apple's software engineering chief Craig Federighi said that iPadOS 26's new Mac-like ...
Logitech Logo Feature

Logitech Announces Two New Accessories for WWDC

Friday June 13, 2025 7:22 am PDT by
Alongside WWDC this week, Logitech announced notable new accessories for the iPad and Apple Vision Pro. The Logitech Muse is a spatially-tracked stylus developed for use with the Apple Vision Pro. Introduced during the WWDC 2025 keynote address, Muse is intended to support the next generation of spatial computing workflows enabled by visionOS 26. The device incorporates six degrees of...
iphone 16 pro models 1

17 Reasons to Wait for the iPhone 17

Thursday June 12, 2025 8:58 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we often get rumored features months ahead of launch. The iPhone 17 series is no different, and we already have a good idea of what to expect from Apple's 2025 smartphone lineup. If you skipped the iPhone...
iOS 26 Feature

Apple Seeds Revised iOS 26 Developer Beta to Fix Battery Issue

Friday June 13, 2025 10:15 am PDT by
Apple today provided developers with a revised version of the first iOS 26 beta for testing purposes. The update is only available for the iPhone 15 and iPhone 16 models, so if you're running iOS 26 on an iPhone 14 or earlier, you won't see the revised beta. Registered developers can download the new beta software through the Settings app on each device. The revised beta addresses an...
Mac Studio Feature

Apple Begins Selling Refurbished Mac Studio With M4 Max and M3 Ultra Chips at a Discount

Thursday June 12, 2025 10:14 am PDT by
Apple today added Mac Studio models with M4 Max and M3 Ultra chips to its online certified refurbished store in the United States, Canada, Japan, Singapore, and many European countries, for the first time since they were released in March. As usual for refurbished Macs, prices are discounted by approximately 15% compared to the equivalent new models on Apple's online store. Note that Apple's ...
m4 macbook air pink

Apple Now Selling Refurbished M4 MacBook Air Models

Friday June 13, 2025 3:34 pm PDT by
Apple today added M4 MacBook Air models to its refurbished store in the United States, making the latest MacBook Air devices available at a discounted price for the first time since they launched earlier this year. Both 13-inch and 15-inch MacBook Air models are available, with Apple offering multiple capacities and configurations. The refurbished devices are discounted by approximately 15...

Top Rated Comments

roar08 Avatar
29 months ago
It's unsurprising, but still a little strange to me when governments take the position to move against policies that attempt to protect privacy. It's probably a healthy blend of stupidity and corruption.
Score: 28 Votes (Like | Disagree)
contacos Avatar
29 months ago

Kind of ironic that one of the countries with the strongest privacy laws in the world with go after Apple for trying to enforce user privacy.
This article does not cover the full story. It is not actually about the fact that Apple decided to hinder tracking, what they want to know or look into is why Apple is seemingly excepted from that rule and if Apple says they do not track in the first place GREAT but it doesn’t hurt to make sure this claim is true. Just like the US is still looking into TikTok, even though TikTok says they don’t share data with China


In a specific case, the Cartel Office is investigating Apple's App Tracking Transparency Framework. This ties the tracking of user behavior for third-party app providers to certain conditions and is particularly important for app providers whose offerings are financed with advertising. "In particular, the Bundeskartellamt is investigating the initial suspicion that these regulations give preferential treatment to Apple's own offers," the authority explained.
Score: 25 Votes (Like | Disagree)
sw1tcher Avatar
29 months ago
InB4PeopleSayAppleShouldPullOutOfGermanMarket ?
Score: 14 Votes (Like | Disagree)
neuropsychguy Avatar
29 months ago
"Bundeskartellamt says that Apple's two billion device active install base gives it a 'strong power' to create rules for third parties"

How many active devices does Apple have in Germany? Using the worldwide number as rationale for controls in Germany is poor rationale. For example, if Apple has 2 billion active devices in the world but only 50 in Germany, using the world number to allow extra control (investigation) of Apple's actions in Germany would be more than heavy-handed. Of course, the reality is there are more active Apple devices than that in Germany but using market share outside of a country for within-country regulations comes across as overreach, at best.
Score: 14 Votes (Like | Disagree)
MallardDuck Avatar
29 months ago
Kind of ironic that one of the countries with the strongest privacy laws in the world with go after Apple for trying to enforce user privacy.
Score: 13 Votes (Like | Disagree)
bsolar Avatar
29 months ago

Kind of ironic that one of the countries with the strongest privacy laws in the world with go after Apple for trying to enforce user privacy.
There is a difference between trying to enforce user privacy and using user privacy as justification for anti-competitive practices. My understanding is that the authority is fine with the former but wants to make sure Apple is not actually engaged in the latter.
Score: 13 Votes (Like | Disagree)