This is a serious setback for the Competition Authority.
The Paris Court of Appeal reduced by two thirds the fine imposed in March 2020 by the Competition Authority against Apple.
Two years ago, the French antitrust had imposed a penalty of 1.1 billion euros, a record amount intended to strike the spirits.
Never had the French authorities imposed such a heavy fine.
The Paris Court of Appeal therefore reversed the decision.
It retained only two of the three initial grievances, even downgrading one of them.
Thus justifying the revision of the sanction to 371.6 million euros.
“
Although the Court of Appeal revised part of the decision of the Competition Authority, we consider that this cancellation should have been total and plan to appeal to the Court of Cassation.
The decision concerns practices that date back more than ten years, which even the Competition Authority has recognized as no longer in force,
” Apple immediately reacted in a press release.
The Competition Authority could also appeal to the Court of Cassation.
“
Very special practices
”
In 2020, Isabelle de Silva, then president of the Competition Authority, wanted to draw attention to "
the very particular practices which had been implemented by Apple for the distribution of its products in France, excluding the iPhone".
In particular, Apple was accused of having reached an agreement with its two wholesalers, also sanctioned by the Autorité, of having prevented the distributors from bringing competition to bear between them.
This practice had allowed Apple to retain control of the retail price of its products.
Apple then denounced the decision concerning “
practices which dated back more than ten years that even the Competition Authority has recognized as no longer in force
”.
However, Apple is not done with the fines and investigations opened by various competition authorities around the world.
Many cases remain open.