Apple Subject to 'Special Abuse Control' Says German Antitrust Regulator [Updated]

Germany's Bundeskartellamt (Federal Cartel Office or FCO) antitrust authority today announced that Apple is subject to "extended abuse control" under the German Competition Act, which means that German regulators can prevent the company from engaging in "anti-competitive practices."

apple app tracking transparency ad
FCO president Andreas Mundt said that Apple's economic position is not adequately controlled by competition, giving German authorities the right to step in.

Apple has an economic position of power across markets which gives rise to a scope of action that is not sufficiently controlled by competition. Based on its mobile end devices such as the iPhone, Apple operates a wide-ranging digital ecosystem which is of great importance to competition not only in Germany, but also throughout Europe and the world. With its proprietary products iOS and the App Store, Apple holds a key position for competition as well as for gaining access to the ecosystem and Apple customers. This decision enables us to specifically take action against and effectively prohibit anti-competitive practices.

In the press release, the FCO says that Apple's two billion device active install base gives it a "strong power" to create rules for third parties, with Apple exerting control over customers and access to customers. Combined with Apple's resources, Apple is in a "position of power" that makes it subject to the aforementioned "special abuse control." This designation is valid for five years.

German regulators are already looking into Apple's ad tracking rules and App Tracking Transparency, a measure that requires apps to get explicit user consent before tracking them. The investigation began in 2022 with the aim of determining whether Apple's anti-tracking technology is anti-competitive.

At the current time, the FCO has not decided whether to initiate further proceedings against Apple. Alphabet/Google, Meta/Facebook, and Amazon have previously been subject to these rules. A 2021 amendment to the German Competition Act provided the FCO with the power to "intervene early and more effectively" to prevent major tech companies from engaging in anti-competitive practices.

In a statement to MacRumors, Apple said that it plans to appeal the decision, and that it does not agree with some of the claims used to classify the company as in a position of power.

Apple is proud to be an engine for innovation, job creation, and competition in every market where we operate. The FCO’s designation misrepresents the fierce competition Apple faces in Germany, and it discounts the value of a business model that puts user privacy and security at its core. While we will continue to work with the FCO to understand their concerns, we plan to appeal their decision.

Apple said that the FCO is not presenting an accurate picture of the hardware market in Germany, and that the decision is not based on Apple's true competitive significance. Despite the FCO's claims that Apple's ecosystem limits customer choice, Apple says that iPhone and iPad are not stuck with the Apple ecosystem, but rather choose to use Apple products due to loyalty to the company.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

iOS 26 Feature

iOS 26.1 to iOS 26.4 Will Add These New Features to Your iPhone

Saturday October 18, 2025 11:00 am PDT by
iOS 26 was released last month, but the software train never stops, and iOS 26.1 beta testing is already underway. So far, iOS 26.1 makes both Apple Intelligence and Live Translation on compatible AirPods available in additional languages, and it includes some other minor changes across the Apple Music, Calendar, Photos, Clock, and Safari apps. More features and changes will follow in future ...
iphone air thickness

Apple Said to Cut iPhone Air Production Amid Underwhelming Sales

Friday October 17, 2025 8:29 am PDT by
Apple plans to cut production of the iPhone Air amid underwhelming sales performance, Japan's Mizuho Securities believes (via The Elec). The Japanese investment banking and securities firm claims that the iPhone 17 Pro and iPhone 17 Pro Max are seeing higher sales than their predecessors during the same period last year, while the standard iPhone 17 is a major success, performing...
ios 26 1 liquid glass opaque

iOS 26.1 Beta 4 Lets Users Control Liquid Glass Transparency with New Toggle

Monday October 20, 2025 10:57 am PDT by
With the fourth betas of iOS 26.1, iPadOS 26.1, and macOS 26.1, Apple has introduced a new setting that's designed to allow users to customize the look of Liquid Glass. The toggle lets users select from a clear look for Liquid Glass, or a tinted look. Clear is the current Liquid Glass design, which is more transparent and shows the background underneath buttons, bars, and menus, while tinted ...
iOS 26

iOS 26.0.2 Update for iPhones Coming Soon

Friday October 17, 2025 7:35 am PDT by
Apple's software engineers continue to internally test iOS 26.0.2, according to MacRumors logs, which have been a reliable indicator of upcoming iOS versions. iOS 26.0.2 will be a minor update that addresses bugs and/or security vulnerabilities, but we do not know any specific details yet. The update will likely be released by the end of next week. Last month, Apple released iOS 26.0.1,...
iPhone Siri Glow

Some Apple Employees Have 'Concerns' About iOS 26.4's Revamped Siri

Sunday October 19, 2025 7:39 am PDT by
iOS 26.4 is expected to introduce a revamped version of Siri powered by Apple Intelligence, but not everyone is satisfied with how well it works. In his Power On newsletter today, Bloomberg's Mark Gurman said some of Apple's software engineers have "concerns" about the overhauled Siri's performance. However, he did not provide any specific details about the shortcomings. iOS 26.4 will...
Apple iPad Pro hero M5

New iPad Pro Has Six Key Upgrades Beyond M5 Chip

Saturday October 18, 2025 10:57 am PDT by
While the new iPad Pro's headline feature is the M5 chip, the device has some other changes, including N1 and C1X chips, faster storage speeds, and more. With the M5 chip, the new iPad Pro has up to a 20% faster CPU and up to a 40% faster GPU compared to the previous model with the M4 chip, according to Geekbench 6 results. Keep in mind that 256GB and 512GB configurations have a 9-core CPU,...
HomePod mini and Apple TV

Apple's Next Rumored Products: New HomePod Mini, Apple TV, and More

Thursday October 16, 2025 9:13 am PDT by
Apple on Wednesday updated the 14-inch MacBook Pro, iPad Pro, and Vision Pro with its next-generation M5 chip, but previous rumors have indicated that the company still plans to announce at least a few additional products before the end of the year. The following Apple products have at one point been rumored to be updated in 2025, although it is unclear if the timeframe for any of them has...
m4 macbook air blue

M5 MacBook Air Coming Spring 2026 With M5 Mac Studio and Mac Mini in Development

Thursday October 16, 2025 3:57 pm PDT by
Apple plans to launch MacBook Air models equipped with the new M5 chip in spring 2026, according to Bloomberg's Mark Gurman. Apple is also working on M5 Pro and M5 Max MacBook Pro models that will come early in the year. Neither the MacBook Pro models nor the MacBook Air models are expected to get design changes, with Apple focusing on simple chip upgrades. In the case of the MacBook Pro, a m...
14 inch MacBook Pro Keyboard

New 14-Inch MacBook Pro Has Two Key Upgrades Beyond the M5 Chip

Thursday October 16, 2025 8:31 am PDT by
Apple on Wednesday updated the 14-inch MacBook Pro base model with an M5 chip, and there are two key storage-related upgrades beyond that chip bump. First, Apple says the new 14-inch MacBook Pro offers up to 2× faster SSD performance than the equivalent previous-generation model, so read and write speeds should get a significant boost. Apple says it is using "the latest storage technology," ...

Top Rated Comments

roar08 Avatar
33 months ago
It's unsurprising, but still a little strange to me when governments take the position to move against policies that attempt to protect privacy. It's probably a healthy blend of stupidity and corruption.
Score: 28 Votes (Like | Disagree)
contacos Avatar
33 months ago

Kind of ironic that one of the countries with the strongest privacy laws in the world with go after Apple for trying to enforce user privacy.
This article does not cover the full story. It is not actually about the fact that Apple decided to hinder tracking, what they want to know or look into is why Apple is seemingly excepted from that rule and if Apple says they do not track in the first place GREAT but it doesn’t hurt to make sure this claim is true. Just like the US is still looking into TikTok, even though TikTok says they don’t share data with China


In a specific case, the Cartel Office is investigating Apple's App Tracking Transparency Framework. This ties the tracking of user behavior for third-party app providers to certain conditions and is particularly important for app providers whose offerings are financed with advertising. "In particular, the Bundeskartellamt is investigating the initial suspicion that these regulations give preferential treatment to Apple's own offers," the authority explained.
Score: 25 Votes (Like | Disagree)
sw1tcher Avatar
33 months ago
InB4PeopleSayAppleShouldPullOutOfGermanMarket ?
Score: 14 Votes (Like | Disagree)
neuropsychguy Avatar
33 months ago
"Bundeskartellamt says that Apple's two billion device active install base gives it a 'strong power' to create rules for third parties"

How many active devices does Apple have in Germany? Using the worldwide number as rationale for controls in Germany is poor rationale. For example, if Apple has 2 billion active devices in the world but only 50 in Germany, using the world number to allow extra control (investigation) of Apple's actions in Germany would be more than heavy-handed. Of course, the reality is there are more active Apple devices than that in Germany but using market share outside of a country for within-country regulations comes across as overreach, at best.
Score: 14 Votes (Like | Disagree)
MallardDuck Avatar
33 months ago
Kind of ironic that one of the countries with the strongest privacy laws in the world with go after Apple for trying to enforce user privacy.
Score: 13 Votes (Like | Disagree)
bsolar Avatar
33 months ago

Kind of ironic that one of the countries with the strongest privacy laws in the world with go after Apple for trying to enforce user privacy.
There is a difference between trying to enforce user privacy and using user privacy as justification for anti-competitive practices. My understanding is that the authority is fine with the former but wants to make sure Apple is not actually engaged in the latter.
Score: 13 Votes (Like | Disagree)