Apple can be sued in a Dutch court for antitrust damages, EU's top court says
Apple faces claims of up to €637 million in damages over alleged excessive App Store fees in a case the EU court says Dutch courts can hear due to the store's localization.
- On Tuesday, the Court of Justice of the European Union ruled that Apple Inc. can be sued in a Dutch court over allegedly excessive App Store fees in a case brought by two foundations.
- The plaintiffs argue Stichting Right to Consumer Justice and Stichting App Stores allege App Store fees are excessive and hurt users, amounting to unlawful abuse of Apple Inc.'s dominant position.
- The CJEU explained the jurisdictional basis by noting the virtual App Store was offered in Dutch and to accounts set to the Netherlands, allowing Dutch courts territorial jurisdiction.
- Apple's commissions face scrutiny in the U.S. and EU, and Apple shares fell nearly 0.2% in Tuesday pre-market trade after the ruling.
- Pointing to program details, Apple noted that 86% of developers never pay a commission, and it offers a small-business program with a 15% rate.
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UPDATE 4-Apple faces multimillion-euro Dutch antitrust damages claims after EU's top court ruling
UPDATE 4-Apple faces multimillion-euro Dutch antitrust damages claims after EU's top court ruling Apple can be sued in a Dutch court for antitrust damages, Europe's highest court said on Tuesday, backing two foundations seeking potentially hundreds of millions of euros in compensation for users affected by the iPhone maker's alleged anti-competitive conduct related to its App Store. Apple said in a statement it disagreed with the court ruling, s…
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