Dutch regulator rejects Apple’s objections to fines


FILE PHOTO: A man holds a bag with a new iPhone inside as Apple's new iPhone 15 officially goes on sale across China, next to an Apple Store, in Shanghai, China September 22, 2023. REUTERS/Aly Song/File Photo

AMSTERDAM (Reuters) -Dutch competition watchdog ACM on Monday said it had rejected objections by Apple against fines of 50 million euros ($53 million) it gave the company over failure to comply with orders to limit the dominant position of Apple's App Store.

The ACM said Apple has complied with most of its demands to open its App Store to alternative forms of payment for dating apps in the Netherlands, but had not met an undisclosed third element of the conditions related to the fines.

The ACM in 2021 ruled that Apple violated Dutch competition laws in the dating app market and required Apple to allow developers of dating apps to use third-party payment processors.

It fined Apple 5 million euros per week, eventually reaching 50 million euros during the period it failed to comply.

Apple objected to these fines, saying that the regulator had incorrectly defined relevant markets and had overestimated the dominance of Apple's position in the dating app market.

The regulator rejected all of Apple's objections in a decision dated July 13, 2023, which was published on Monday.

"We disagree with the ACM’s original order, which degrades investment incentives and is not in the best interests of our users’ privacy or data security," Apple said in a response.

"As the ACM has denied our administrative appeal, we will appeal to the Netherlands courts.”

The ACM said it would publish the still-undisclosed part of the proceedings objected to by Apple if it won in court.

($1 = 0.9454 euros)

(Reporting by Bart Meijer and Toby Sterling; Editing by Louise Heavens and Emelia Sithole-Matarise)

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