- The CNMC is expanding its investigation into Apple over potential restrictions on developers in the App Store.
- The focus is on an alleged mandatory pricing schedule and business practices deemed anti-competitive.
- The investigation could lead to significant penalties and has parallels with European regulatory scrutiny, especially in the European Union.
- Apple defends transparency and competition on its platform and ensures its cooperation with the authorities.
The National Markets and Competition Commission (CNMC) has intensified its attention on Apple, investigating possible restrictions imposed on developers within the App Store. The case focuses on the alleged obligation to follow a default pricing schedule which would limit the freedom of app creators to set their own rates.
This new line of investigation reinforces the file opened a year ago, when the CNMC began to analyze whether the company imposed unfair trading conditions and possible anti-competitive practices that would affect both developers and consumers.
The origin and scope of the investigation
In July of last year, the CNMC initiated an ex officio investigation into Apple Distribution International and its parent company, warning of possible restrictive practices which imposed unfair conditions on developers when distributing their applications in the brand's digital store.
These investigations are supported by indications that Apple could be violating the Article 1 of the Competition Defense Law (LDC) and the Article 101 of the Treaty on the Functioning of the European Union (TFEU)Until then, the focus had been on the alleged abuse of a dominant position, but now it is expanding to the possibility that Apple is setting or coordinating prices, which would significantly expand the scope of the case.
If these practices are confirmed, the US company could face significant financial penalties. Under current regulations, fines could reach 10% of global turnover recorded by the company in the year prior to the resolution of the investigation.
Accusations about prices and freedom of competition
The CNMC's main criticism is that Apple is requiring developers to select from a very limited set of prices, with little room to adapt to competition or market conditions. These obligations, described by the regulator as mandatory price schedule, could make it impossible for creators to manage their fees independently or innovate their business models.
The Spanish regulator believes that this policy not only affects developers, but also reduces real competition within the digital app ecosystem. If all participants must adhere to the same pricing scheme, both price differentiation and the ability to create personalized offers for consumers are diluted.
Its analysis is still in the research phase and maintains the maximum term of 24 months to issue definitive conclusions. The opening of this new case does not imply the existence of conclusive evidence, but it does present sufficient grounds for expanding the investigation.
Apple responds to the accusations
From the company, spokespersons insist that the App Store has been designed to provide security, trust and business opportunities both users and developers. Apple emphasizes that it applies a review process under strict standards and maintains that all creators compete on a level playing field.
In public statements, company officials emphasize their willingness to collaborate with the CNMC to clarify any aspect of the research and highlight the economic benefits that its ecosystem brings to the Spanish and European markets. They point out that its platform facilitates access to more than a billion devices and supports tens of thousands of jobs related to the app sector.
European context and sanctioning history
Scrutiny of Apple's policies is not limited to Spain. In Brussels, the European Commission has already opened numerous files following the Digital Markets Act (DMA) and has sanctioned the technology company for violating EU regulations, particularly regarding the restriction of payment options and the ability to inform users about alternative purchasing methods outside the App Store.
One of the recent fines imposed by the European Commission, amounting to 500 millones de euros, highlighted the growing regulatory pressure on the American multinational, a situation that Apple has decided to appeal. The company has announced reforms to its policies, such as tiered pricing, reduced commissions, and opening up the system to facilitate more payment options and external promotions in Europe.
Impact on consumers, developers and the digital sector
The CNMC investigation may generate important changes in the digital ecosystemGreater pricing flexibility could translate into a more diverse and competitive offering for consumers, as well as promote innovation and small business growth.
Disputes related to app store management are not new. Cases like Epic Games or the Spotify complaints reflect the tensions between the business model of large platforms and the demands for fair competition established by European regulatory authorities.
As the process moves forward, all parties—from Apple and developers to authorities—await the final resolution, which could set a precedent for the operation of major digital marketplaces in Spain and Europe.