Apple’s constructive refusal to comply with the law: A harbinger of things to come?

Author: Damien Geradin
Published: 18.03.2022
In August 2021, the Autoriteit Consument & Markt (“ACM”), the Dutch competition authority, adopted following a two-year investigation, a decision finding that Apple’s App Store payment policies as they applied to dating app providers amounted to an abuse of a dominant position in breach of Article 102 TFEU. As explained in an earlier blog post, Apple then sought an injunction before the Rotterdam District Court to block the publication of the decision, as well as suspend its effects until all appeals on substance have been exhausted. The ability of a party to seek such an injunction is quite unique to…