France Hits Apple With Record €1.1B Antitrust Fine
The U.S.-based tech giant breached competition rules by dividing up the wholesale market and imposing resale prices, the French antitrust authority said.
March 16, 2020 at 03:22 PM
4 minute read
France's antitrust authority fined Apple a record-high €1.1 billion ($1.2 billion) Monday, ruling that the U.S.-based tech giant had entered into cartel-like agreements with two wholesalers and abused its market position and economic power to impose higher prices to resellers.
The two wholesalers, Tech Data and Ingram Micro, were fined €76.1 million ($84.9 million) and €62.9 million ($70.2 million), respectively, bringing the total fines to €1.24 billion, also a record high, according to a statement from the Autorité de la Concurrence.
That the total fines were the highest ever assessed in one case by the French authority, and Apple's fine was the highest ever assessed on one company, underscores the "strong impact of these practices on competition" and the "particularly serious" nature of Apple's actions, Isabelle da Silva, president of the competition authority, said in a statement.
Apple said that it would appeal.
The case dates back to a 2012 complaint by eBizcuss, an Apple premium reseller, or a retailer of specialized high-end Apple products. It applied to iPads and other premium Apple products but not to iPhones, the authority said.
The investigation found that Apple divided its products and customers between the two wholesalers, which "somewhat 'sterilized' the wholesale market for Apple products, freezing market share and preventing competition between the different distribution channels," the authority said.
Trading on its position as a must-have product, Apple imposed selling prices on premium resellers so that their prices would match those charged by Apple in its retail stores and on its website, the authority said. "The practice resulted in aligning the selling prices of Apple products for end consumers in almost half the retail market for Apple products," according to the authority.
Finally, the authority found that Apple abused premium resellers' economic dependency by treating them less favorably than the company's own stores—depriving them of stocks of new products, for example, while Apple stores were regularly supplied—thereby weakening or even excluding them from the retail market.
"While a manufacturer is free to organize its distribution system as it sees fit," the authority wrote, it is prohibited under competition law to "undermine competition between its wholesalers by pre-allocating customers to them, to have an agreement with its distributors on the retail prices charged to end consumers, or to abuse the situation of economic dependency of its trading partners, in particular by placing them at a disadvantage compared with its own internal distribution network."
An Apple spokesman, Josh Rosenstock, termed the authority's decision "disheartening" in a statement Monday, adding that it related "to practices from over a decade ago and discards 30 years of legal precedent that all companies in France rely on with an order that will cause chaos for companies over all industries." He could not be reached immediately for further explanation.
Competition authorities in Europe have been intensifying their scrutiny of big technology companies, taking their cues from the EU competition commissioner, Margrethe Vestager, who has promised to present new regulations aimed at ensuring fair competition in the sector.
The Autorité de la Concurrence in France is an independent administrative body that functions like a court, issuing opinions, pronouncing injunctions and levying fines. Its decisions are subject to appeal to the Court of Appeal of Paris, which rules on disputes of facts and judgment, and to the Court of Cassation, which rules on procedure.
The previous record antitrust fine assessed by the authority was €350 million on Orange, the former French telecommunications monopoly, in 2015. The authority ruled that Orange had abused its dominant position by offering loyalty discounts and other pricing strategies that could discourage customers from switching to new competitors in the market. Orange said it would change its practices as a result of the ruling, which the company did not appeal.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGoodwin's Singapore Private Equity Partner Leaves to Join Key Client Hillhouse Investment
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250