The National Commission on Markets and Competition (CNMC) is examining Apple over alleged anticompetitive practices that could include imposing unequal commercial terms on developers who use the Apple App Store to distribute apps to users of Apple devices.
The inquiry was opened ex officio in light of what the regulator described as growing importance of app store activity within Spain. The CNMC noted that the body is closely monitoring how app stores operate and how conditions set by platform owners may shape competition, prices, and choice for developers and end users alike. By analyzing the mechanics of distribution, discoverability, and revenue sharing, the commission aims to determine whether such practices harm market fairness or consumer welfare.
If the conduct under review is confirmed, it could constitute an abuse of a dominant position prohibited by Article 2 of the LDC, the Spanish competition law, and Article 102 of the Treaty on the Functioning of the European Union (TFEU). The regulator emphasized that alleged violations could fall under the category of very serious infringements, potentially resulting in substantial penalties. In practice, fines for breaches of the LDC can reach up to 10 percent of a company’s worldwide total gross revenue from the preceding financial year.
To put that potential risk in perspective, Apple reported revenue in its most recent fiscal year of approximately 383.285 billion US dollars, or about 354 billion euros. A 10 percent penalty would amount to a sum approaching 35.4 billion euros based on the latest published figures. The CNMC stressed that the initiation of the case does not prejudge the final outcome, and a formal investigation will proceed under a maximum timeline of 24 months, allowing for thorough assessment and a conclusive decision.
The ongoing inquiry underscores the legal and regulatory attention now focused on app marketplaces. Regulators across Europe and other regions are scrutinizing the balance between platform governance and competitive dynamics, particularly how app distribution terms may influence innovation, developer earnings, and consumer access. The process also highlights the broader trend of heightened scrutiny of digital gatekeepers as authorities seek to ensure that dominant platforms do not leverage their market position to extract excessive rents or to foreclose competing services. In this context, the CNMC’s action reflects a broader push to align platform conduct with established competition rules while preserving a healthy, multi vendor ecosystem for app developers and users alike. The case serves as a reminder of the complex interplay between platform ownership, distribution agreements, and antitrust safeguards that govern digital markets today. In the coming months, industry observers will watch closely how the investigation unfolds, what evidence surfaces regarding the terms at issue, and how such findings might influence future regulatory approaches to app store governance in Spain and the European Union. The CNMC has indicated that the investigation process will proceed with due diligence, openness to information from affected parties, and careful consideration of market realities in the fast moving app economy. Attribution: CNMC proceedings and public statements.