Spain’s competition authority has widened its investigation into Apple, saying it has found new evidence suggesting the tech giant may have imposed mandatory pricing schedules on developers using its App Store, a move that could amount to illegal coordination under EU and Spanish competition law.
The Comisión Nacional de los Mercados y la Competencia (CNMC) opened the case in July 2024, citing concerns that Apple had abused its dominant position by imposing unfair commercial terms on app developers distributing through the App Store. That phase of the probe focused on potential violations of Article 2 of Spain’s Competition Act (LDC) and Article 102 of the Treaty on the Functioning of the European Union (TFEU).
In a statement on Tuesday, the CNMC said it is now also examining whether Apple required developers to follow a fixed pricing framework, which could restrict competition between app providers. Such conduct would fall under Article 1 of the LDC and Article 101 of the TFEU, which prohibit anticompetitive agreements between companies.
The regulator pointed out that the expansion of proceedings “does not prejudge the outcome of the investigation” and confirmed that the 24-month maximum period for instruction and resolution, which began with the case’s initiation in July 2024, remains in place.
The proceedings target Apple Distribution International Ltd. and Apple Inc. A finding of infringement could lead to substantial fines and potentially impose behavioral remedies on Apple’s operations in Spain.
Apple, which has faced mounting attention across Europe over its App Store policies, did not immediately respond to a request for comment. The company has previously argued that its App Store terms are designed to ensure security and a consistent user experience.
The CNMC’s investigation adds to a growing list of regulatory challenges for Apple in the European Union, where authorities are tightening oversight of digital platforms under both competition law and the new Digital Markets Act.
