Brazil has renewed its efforts to impose fines on Apple, particularly concerning its App Store practices. This move follows previous attempts, as well as increasing pressure from other nations. In late 2022 and early 2023, Brazil’s Administrative Council for Economic Defense (CADE) launched an investigation after receiving complaints from various companies, including MercadoLibre, a prominent ecommerce platform in Latin America.
CADE’s technology advisors have concluded that Apple is indeed guilty of anti-competitive behavior. The General Superintendence of CADE stated that Apple’s actions violate economic order principles. The focus of the accusations centers on Apple’s restrictive practices regarding third-party marketing, specifically the anti-steering issue that has drawn scrutiny and fines from the European Union.
These same practices were significant in Apple’s legal battle with Epic Games, where Apple faced criticism for failing to allow developers to inform users about alternative offers. While Apple claimed victory in the case overall, this one aspect proved to be a significant setback. Apple’s slow response to comply with the court’s mandate angered U.S. District Judge Yvonne Gonzalez Rogers, who described the company’s actions as “gross insubordination” and required immediate steps towards compliance.
In Brazil, the goal is similar: urging Apple to eliminate its anti-steering practices to support app developer communication with users. Although Brazil’s recent recommendations lack specific directives, they follow a history of attempts to fine Apple. Notably, in November 2024, Brazil mandated that Apple lift its restrictions within 20 days, a ruling that was later overturned in December due to concerns about user privacy.
Apple has since reaffirmed its stance that CADE’s proposed measures would jeopardize user privacy and security. The ultimate decision now lies with CADE, which may escalate the matter to court if necessary. Meanwhile, reports have surfaced suggesting that Apple’s supplier, Foxconn, is expanding its facilities in Brazil, despite ongoing regulatory challenges.
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