Popular action for the compensation of consumers following Apple’s anticompetitive practices

Ius Omnibus submitted on March 21st, 2022 to the Portuguese Competition, Regulation and Supervision Court, a popular action aimed at defending Portuguese consumers injured by Apple’s anticompetitive practices alleged in several lawsuits pending against Apple in other jurisdictions (including the United States of America, the United Kingdom and the Netherlands). Since July 10, 2008, Apple produces and markets devices that run exclusively on Apple’s operating system (iOS), specifically iPhones, iPads and iPods Touch. These devices are configured by Apple in such a way that consumers who purchase them have no choice but to use iOS and in-app applications (apps) and content for iOS. Apple has entered into contracts with third parties who develop apps and app content for iOS (“app developers” or “developers”) with anti-competitive terms and conditions, culminating in a 30% commission on each sale. The excessive value of this commission was passed on to consumers, including consumers residing in Portugal, who purchased applications and content within applications through the Apple App Store (passing on). This action aims to put an end to Apple’s anticompetitive practices that artificially preserve its monopoly on the provision of its services, which undermines the variety and quality of the applications and content available in these markets, and to compensate consumers for the increased prices they have paid through the Apple App Store.

Ius Omnibus is represented in this case by the law firm Milberg Sousa Ferro.

You may read more about the case here.