The Brazilian antitrust authority is currently scrutinizing Apple due to allegations of unfair terms and conditions imposed on the App Store. Though the company received additional time to present its arguments after a judge lifted a previous injunction against the App Store last year, Apple is now required to participate in a public hearing in Brazil regarding the matter.
Apple’s App Store Under Antitrust Investigation in Brazil
According to a report by Estadão (via MacMagazine), the Brazilian antitrust body (Cade) is set to conduct a public hearing next week focusing on “competition aspects” tied to the iOS ecosystem. Since Android is also undergoing scrutiny by Cade, Google will be required to attend the hearing as well.
Cade has stated that the purpose of the hearing is to explore methods for “addressing digital markets” and the “increasing number of complaints regarding economic violations” linked to mobile devices and their operating systems.
The report notes that companies such as Match (the parent company of Tinder) and Epic Games, known for its litigation against Apple over Fortnite, have lodged complaints with the Brazilian regulator against both Apple and Google. Representatives from Match and Epic are likely to be present at the hearing.
The investigation into Apple was initiated following accusations from Latin American e-commerce leader Mercado Libre that Apple mandated developers offering digital goods or services in their apps to utilize Apple’s payment system exclusively. Cade is also examining the allegations related to Apple’s “tying” practices, which impose anti-competitive terms and conditions on the iOS platform.
In November 2024, Cade ruled that Apple could no longer bar developers from selling content and distributing apps outside of the App Store within Brazil. The company was given a 20-day period to adhere to Brazil’s antitrust laws, or it would incur fines exceeding $40,000 daily. Apple contested the ruling, leading a judge to determine that the injunction was not needed, thus granting the company more time to deliberate on the case.
The trial is anticipated to occur within the next few months, and should Apple be unsuccessful, it will be required to modify the operational framework of the App Store in Brazil.
Additionally, the report highlights that the Brazilian government plans to regulate other major tech companies such as Meta and Amazon in the future, following former US President Donald Trump’s threat to levy higher tariffs on products imported from Brazil.
