Spain launches antitrust investigation into App Store practices

Spain is the latest country to accuse Apple of possible anti-competitive practices related to alleged unfair treatment of developers in the App Store.

The investigation is to be conducted by Spain’s Comision Nacional De Los Mercados Y La Competencia (CNMC), which previously fined Apple and Google a total of $218 million for antitrust conduct. That fine is currently on hold as the two companies appeal the decision before the Spanish Supreme Court.

Now after European PressThe CNMC has announced a new investigation into the App Store. The investigation concerns possible anti-competitive behavior, as developers are allegedly being “imposed with unfair terms and conditions.”

Rather than an investigation based on a specific complaint, as is usually the reason for an investigation, this one was initiated “ex officio, given the relevance of the economic activity carried out in app stores in Spain.”

Presumably because the CNMC is just beginning its investigation, it has not yet been specific about the allegations. However, based on other antitrust investigations in other countries, it is likely that at least part of the investigation will relate to Apple’s previous anti-steering restrictions.

If Apple is found guilty, it will be based in part on Article 2 of Spain’s Competition Protection Act (LDC). According to reports, a violation of the LDC “can result in fines of up to 10% of the total worldwide turnover of the guilty companies in the year preceding the imposition of the fine.”

The Spanish investigations must be completed within two years and result in a verdict.

Apple has not publicly commented on the investigation.

Spain’s decision to investigate the App Store follows that of numerous other countries doing the same, including, most recently, Japan.