The Federal Court of Justice, Germany (‘FCJ’), upheld the decision of Federal Cartel Office (‘Bundeskartellamt’) which held that Apple’s operations warranted special oversight under Section 19a of German Competition Act (‘GWB’). The decision of Bundeskartellamt was based on Apple’s extensive financial resources, tightly integrated ecosystem, and strong presence in the smartphone market. The FCJ upheld the Bundeskartellamt’s classification of Apple as a “company of paramount cross-market significance for competition”.
