Being a tech giant comes with its challenges, and Apple is learning that once again. The company has officially lost its appeal against Germany’s Federal Cartel Office (FCO), meaning it will continue to face special competition controls in one of Europe’s most influential markets.
The ruling, reported Tuesday by Reuters, was delivered by Germany’s Federal Court of Justice. It upholds the five-year regulatory designation applied to Apple in April 2023 — a move designed to curb potential market abuse by powerful digital platforms like Apple.
Germany’s special abuse control regime gives the FCO broader powers to regulate large tech companies that dominate digital markets. The goal? To prevent self-preferencing and unfair advantages over smaller competitors.
Apple’s troubles intensified last month when the FCO raised concerns about its App Tracking Transparency (ATT) framework. Regulators suspect that Apple may be prioritizing its own data collection practices, forcing third-party apps into stricter permission requests while applying different standards to its own services. If proven, this would violate Germany’s abuse controls — potentially forcing Apple to offer equal treatment for ad data collection.
In response to the court ruling, Apple released a statement expressing disappointment:
“Apple is proud to be an engine for innovation, job creation, and competition in every market where we operate. We disagree with the FCJ’s decision today to uphold the FCO’s designation, which discounts the value of a business model that puts user privacy and security at its core.”
Despite Apple’s claims that it faces “fierce competition in Germany”, the court ruling signals that regulators view its market power differently.
Apple Joins Big Tech Giants Under Germany’s Watchful Eye
Apple isn’t alone in this regulatory spotlight. Google, Meta, and Microsoft have also been designated under the same abuse control framework, which seeks to level the playing field in digital markets dominated by U.S. tech giants.
This German regime works alongside the EU’s Digital Markets Act (DMA) — another sweeping regulation designed to curtail the power of “gatekeepers” like Apple. Together, these regulations aim to give smaller players a fairer shot while protecting consumers from monopolistic practices.
For Apple, the setback in Germany adds to a growing list of global antitrust challenges. As regulatory scrutiny increases across Europe, the company now faces stricter oversight that could force changes to how it operates in lucrative markets.
