The General Superintendence of Brazil’s Administrative Council for Economic Defense (SG/Cade) issued a formal recommendation on Monday (30) for the conviction of Apple Inc. over alleged anticompetitive practices within its iOS digital ecosystem. The move follows a multi-year investigation into the company’s conduct in the Brazilian mobile application distribution market.
The investigation, launched in 2022 after a complaint by Ebazar.com.br Ltda. and Mercado Libre, focused on Apple’s imposition of restrictions on app developers. In particular, the authority scrutinized Apple’s requirement that all transactions for digital goods and services be processed exclusively through its proprietary payment system, as well as the prohibition of third-party digital service sales on iOS platforms.
According to SG/Cade, Apple’s conduct creates “artificial barriers to entry” for competitors, effectively consolidating its dominance in the mobile app ecosystem and limiting both developer and consumer choice. The Superintendence concluded that these practices amount to an abuse of dominant position, in violation of Brazil’s Competition Law (Law No. 12,529/2011).
The recommendation includes the imposition of a fine and a series of behavioral remedies intended to dismantle the anticompetitive restrictions identified during the investigation. These measures aim to restore competitive conditions by compelling Apple to cease the investigated practices and implement changes to reduce their long-term effects.
The case now proceeds to Cade’s Tribunal, where it will be reviewed by Counselor Victor Fernandes. Fernandes had previously reviewed Apple’s appeal against a preventive measure issued during the investigation. The final decision rests with the Court, which may either dismiss the case or confirm the violation and impose penalties accordingly.
If upheld, the ruling could mark a significant precedent in digital market regulation in Brazil, signaling increased scrutiny of platform-based business models that exert tight control over access, distribution, and payment systems.
