German Federal Court of Justice Confirms Apple’s Designation and Paves the Way for Further Scrutiny by the FCO

April 17, 2025

On March 18, 2025, the German Federal Court of Justice (“FCJ”) confirmed the designation of Apple Inc. (“Apple”) as a company of “paramount significance for competition across markets” (“PCMS”) under Section 19a(1) of the German Act against Restraints of Competition (“ARC”) which enables the German Federal Cartel Office’s (“FCO”) to prohibit specific conduct of Apple in the future.

This marks the FCJ’s second ruling in which the highest court affirmed the designation decision of the FCO under Section 19a(1) ARC.

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