Spain launches antitrust investigation over Apple's App Store practices

Spain has become the latest country to accuse Apple of possible anticompetitive actions concerning alleged unfair treatment of developers on the App Store.

The investigation is to be conducted by Spain's Comision Nacional De Los Mercados Y La Competencia (CNMC), which has previously fined Apple and Google a combined $218 million for antitrust behavior. That fine is currently suspended as the two companies appeal the decision with the Spanish High Court.

Now according to Europa Press, the CNMC has announced a new investigation into the App Store. The investigation concerns possible anti-competitive behavior over allegedly "imposing unfair commercial conditions" on developers.

Rather than following a specific complaint, as is typically the cause of an investigation, this one was "initiated ex officio, given the relevance of the economic activity carried out in app shops in Spain."

Presumably because the CNMC is only beginning an investigation, it is not yet specific about the allegations. Based on other anti-trust probes from other countries, however, it's likely that at least part of the investigation will concern Apple's previous anti-steering constraints.

If Apple is found guilty, it will be in part under Spain's Article 2 of the Law on the Protection of Competition (LDC). Reportedly, an infringement of the LDC "can lead to fines of up to 10% of the total worldwide turnover of the offending companies in the year prior to the imposition of the fine."

Spain's investigation is required to conclude, and be resolved with a ruling, within two years.

Apple has not commented publicly on the investigation.

The Spanish decision to investigate the App Store follows very many other countries doing the same thing, recently including Japan.