KARLSRUHE, Germany, March 18 (Reuters) - Apple ( AAPL )
lost its challenge at Germany's top civil court on Tuesday
against its classification as a significant market power, a
label which gives antitrust regulators more scope and
flexibility to scrutinise its business practices.
Judges at the Federal Court of Justice backed the German
cartel office's 2023 designation of Apple ( AAPL ) as a "company of
paramount cross-market significance for competition".
With that, Apple ( AAPL ) joins Google parent Alphabet and
Facebook owner Meta on Germany's growing list of tech
giants subject to possible measures curbing their dominance.
Regulators worldwide have in recent years cracked down on
Big Tech in an effort to open up markets to rival start-ups and
give consumers more choice. The European Commission's Digital
Markets Act (DMA) which became law in 2023 is seen as the
benchmark.
Apple ( AAPL ) said it faced tough competition in Germany and that it
disagreed with the court's decision.
"It neglects the value of a business model that places the
privacy and security of users at its centre," a spokesperson for
the company said in an emailed statement to Reuters.
While the court ruling is a win for the German antitrust
watchdog, the crackdown by powerful EU regulators is more of a
threat to Big Tech, said Assimakis Komninos, a partner at White
& Case.
"The Court is saying that German legislation can stand. But
the Digital Markets Act's scope is not affected and in real life
it basically remains the primary standard for Big Tech," he
said.
A judge had indicated in January that the German court would
side with the regulator.
The court also declined to consult with the European Court
of Justice in Luxembourg on the case, as requested by Apple's ( AAPL )
legal team.
Apple's ( AAPL ) App Store has faced particular scrutiny in Europe,
where regulators have flagged concerns over the wealth of data
it gathers on user behaviour.
Cartel office president Andreas Mundt welcomed the court
ruling in a statement.
"This means that the highest court has confirmed that Apple ( AAPL )
is subject to stricter abuse control," Mundt said.
"Our ongoing review of Apple's ( AAPL ) tracking regulation for
third-party apps is therefore on a solid footing, and we are
working flat out on this case and other cases against the major
internet companies," he added.