Germany’s Federal Court of Justice on Tuesday indicated it could support the antitrust regulator’s designation of Apple as a “company of paramount cross-market significance for competition.”
The court deliberated for over three hours on Apple’s appeal against the designation but did not issue a ruling, stating it needed more time to deliberate.
The German cartel office made the designation in April 2023, potentially paving the way for additional measures to curb Apple’s market dominance. Presiding judge Wolfgang Kirchhoff stated that an overall assessment suggests the designation may be valid.
Apple’s legal team urged the court to consult the European Court of Justice (ECJ) in Luxembourg before making a decision, arguing that German law on the issue might not align with EU law. However, Kirchhoff noted in his opening remarks that the judges saw no grounds for such a referral.
If the designation is upheld, Apple would join Alphabet and Meta as companies subject to enhanced regulatory scrutiny in Germany for their cross-market significance.
