Ongoing scrutiny of app marketplaces
On February 19, Brazil’s competition authority, CADE, will host a public forum to delve into the competition surrounding Apple and Google’s digital marketplace practices.
In 2022, Brazil’s regulatory body, the Conselho Administrativo de Defesa Econômica (CADE), lodged an antitrust grievance against Apple. Following an investigation that concluded with unfavorable findings for the tech giant, an initially proposed implementation timeline was subsequently dismissed.
While awaiting its next scheduled court session, CADE has organized this public hearing to explore regulation avenues for Apple and Google’s online platforms. This information was first reported by MacMagazine and then echoed by 9to5Mac.
The gathering is scheduled for Wednesday, February 19th at 2 p.m. local time. Although the event is open to all interested parties, registration for those wishing to speak concluded on February 12th.
Titled “Competitive Dimensions of Mobile Operating Systems’ Digital Ecosystem,” this hearing will feature representations from both Apple and Google. Additional stakeholders such as Epic Games, Match Group, and the Coalition for App Fairness are also expected to present their viewpoints.
In response to legal challenges arising from Epic Games’ lawsuit against Apple in the U.S., modifications have already been enacted on Apple’s App Store policies to eliminate anti-steering measures. It seems likely that Brazilian regulators will advocate similar reforms; however, this issue may persist without resolution in the near future.
Despite a preliminary ruling deeming Apple culpable of anti-steering conduct still being in place, subsequent decisions led by a judge have suspended both anticipated implementation deadlines and potential fines while Apple’s appeal progresses. Initially imposed changes were set within a tight window of just 20 days or faced penalties peaking at $43 million daily if unfulfilled.
