The Tribunal of the Administrative Council for Economic Defense (CADE), Brazil’s competition authority, has formed a majority in favour of approving a Commitment to Cease and Desist (TCC) proposed by Apple in the context of an administrative proceeding investigating alleged anti-competitive practices in the iOS digital ecosystem. The decision was reached on 23 December 2025.
The investigation concerns Apple’s conduct in the market for the distribution of applications on iOS devices, particularly practices restricting the distribution of third-party digital goods and services through apps available on the Apple App Store. It also addresses Apple’s requirement that developers use its proprietary in-app payment system (IAP) for digital transactions, reinforced by so-called anti-steering clauses preventing developers from informing users about alternative payment options.
Under the terms of the settlement, Apple undertakes a series of obligations aimed at mitigating competitive concerns and enhancing choice for developers and users. These commitments are designed to ensure effective competition in both app distribution and payment processing within the iOS ecosystem. Failure to comply fully with the agreement may result in fines of up to BRL 150 million, equivalent to approximately €27 million, and the resumption of the investigation.
The agreement requires Apple to allow app developers to promote external offers and direct users to complete transactions outside the app environment. In addition, Apple will decouple its payment processing services, enabling developers to offer alternative in-app payment methods alongside Apple’s own solution. Both external offers and alternative payment options must be presented in parallel with Apple’s in-app payment system, thereby increasing transparency and user choice.
Apple has also committed to allowing the opening of alternative app distribution channels, including third-party app stores. Any warnings displayed to users in these new scenarios must be limited in scope, use neutral and objective language, and must not introduce mechanisms that negatively affect the user experience. Specific safeguards have also been incorporated to address risks associated with child users.
The agreement further establishes a revised fee structure applicable to Apple’s services, aligned with the new commitments, with the objective of ensuring that the pro-competitive effects of the measures are effectively passed on to developers and end users. According to CADE Commissioner Victor Fernandes, the Brazilian settlement forms part of a broader international effort to open up Apple’s mobile ecosystem and is intended to generate tangible and positive effects on market competition.
The commitments will apply for a period of three years, starting from the date the new terms become mandatory for developers. Prior to that, Apple will have up to 105 days to implement the required changes. The agreement allows for revisions if the adopted measures are found to be insufficient to achieve their intended objectives.
As part of the settlement, Apple also agreed to withdraw its legal challenge seeking annulment of the interim measures previously imposed by CADE. Following approval of the agreement, the administrative proceedings will be suspended while the commitments are implemented, without prejudice to the authority’s power to initiate new proceedings in the event of future infringements.
The case originated in December 2022, following a complaint by the Mercado Libre Group alleging abuse of dominance in the iOS app distribution market. After extensive investigation, CADE’s General Superintendence recommended formal proceedings and imposed interim measures in November 2024, which were upheld by the Tribunal in May 2025. In June 2025, the authority recommended Apple’s conviction, after which Apple requested the opening of settlement negotiations in July 2025. The signing of the settlement in December 2025 brings the investigation to a provisional close, subject to full compliance with the agreed commitments.