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Europe greenlights Dutch antitrust lawsuit against Apple over App Store conduct [U]

Apple is facing hundreds of millions of euros in damages claims over its allegedly “excessive” App Store fees. Here are the details.

App Store scrutiny intensifies

As reported by Reuters, the Court of Justice of the European Union (CJEU) decided today that Apple can be sued over damage claims brought by two Dutch foundations representing iPhone and iPad users.

From the report:

The foundations argue that the fees charged by Apple for third-party apps on the App Store are excessive, hurt users and are consistent with an unlawful abuse of a dominant position. App developers using Apple’s in-app payment system are charged commissions of up to 30%.

Apple has said that a Dutch court does not have jurisdiction as the alleged harmful event did not occur in the Netherlands.

Despite Apple’s argument, the CJEU reportedly decided that since “the App Store in question is designed specifically for the Dutch market and uses Dutch to offer apps for sale to users who have an Apple ID associated with the Netherlands, regardless of where they are based,” the antitrust case can move forward.

A lawyer representing one of the two claims argues that the alleged harm totals about 637 million euros:

On the basis of the available information, in the writ of summons the damage suffered by seven million affected iPhone users and seven million affected iPad users, was estimated at around 637 million euros (including statutory interest)

The case is likely to go to a merits hearing in the first quarter of 2026, and you can read more about today’s decision here.

Update (December 3, 10:09 a.m. ET): In response, Apple says that it disagrees with the decision, characterizing it as a matter of jurisdiction. The company added that it will continue to vigorously defend itself in these proceedings, which it believes have no merit.

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Avatar for Marcus Mendes Marcus Mendes

Marcus Mendes is a Brazilian tech podcaster and journalist who has been closely following Apple since the mid-2000s.

He began covering Apple news in Brazilian media in 2012 and later broadened his focus to the wider tech industry, hosting a daily podcast for seven years.