Apple is currently under scrutiny in Brazil regarding its App Store policies. Earlier this month, a Brazilian court mandated that Apple must enable sideloading on iOS devices for users in Brazil within 90 days. However, recent developments indicate that this ruling may no longer be in effect, at least temporarily.
Brazil won’t compel Apple to allow sideloading, but regulator may appeal
According to Brazilian newspaper Estadão (via MacMagazine), a judge in a Federal Civil Court has decided that Apple can keep its practice of exclusively distributing iOS apps through the App Store without providing an option for developers to use alternative platforms (known as sideloading).
Last November, Brazil’s antitrust authority, “Cade,” concluded that Apple needed to permit app distribution outside the App Store in Brazil, giving the company 20 days to comply. Apple contested this ruling, and a subsequent judge determined that an injunction was neither necessary nor urgent, thus allowing more time for discussions.
Following a public hearing involving Apple and companies such as Epic Games, a Brazilian court instructed Apple to enable sideloading within 90 days, arguing that the restrictions imposed by Apple could hinder new competitors from entering the market. The court remarked that Apple had enacted similar changes in the EU without causing any “significant adverse impact or irreparable harm” to its operations.
An Apple spokesperson at the time expressed that this ruling would “endanger the privacy and security” of iOS users and announced the company’s intention to appeal. The appeal yielded favorable results for Apple, as the judge noted that the company was being treated as if it had already faced a conviction, even though the matter remains unresolved.
While this ruling does not signify a definitive victory for Apple, it affords the company additional time to strategize for potential future legal challenges. This outcome is undoubtedly disappointing for Epic Games, which recently revealed plans to launch Fortnite for Brazilian iOS users in July.
The Brazilian regulatory body still has the option to challenge the judge’s ruling.
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