Today, Brazilian antitrust regulator CADE voted unanimously to maintain a provisional measure issued last week requiring Apple to loosen restrictions on how iOS developers offer services and handle payments in their apps.
The measure stems from an investigation launched in 2022 following a complaint by Latin American e-commerce giant Mercado Libre.
App Store restrictions under fire
At the heart of the case is Apple’s long-standing policy that forces iOS developers to use its in-app payment system, which charges commissions of up to 30%, and forbids them from informing users about alternative payment options outside the App Store.
According to CADE’s technical staff, this violates Brazil’s competition laws by limiting choice and disadvantaging developers.
The council’s decision restarts (yet again) the clock on the compliance deadline to 90 days, up from the 20 days set initially by CADE’s technical unit in November 2023.
It also affirms that Apple must allow alternative payment methods and offer greater freedom in how developers communicate with users.
In his remarks on Wednesday, as noted by Valor Econômico, CADE’s lead councilor Victor Oliveira criticized Apple’s defense, calling the company’s arguments “inconsistent” and noting that the company applies its rules selectively across different apps.
He described Apple’s approach as a form of “tying strategy” that distorts competition by unfairly extracting revenue from developers. He also made a point to mention the Epic Games case in the U.S., as well as other recent regulatory cases in Japan, the Netherlands, and the United Kingdom.
“The justifications Apple has presented so far don’t hold up,” Oliveira said, citing cases where some apps were exempt from paying the full 30% fee.
Apple’s response
In a statement to 9to5Mac, Apple said:
With the App Store, we create safe and trusted experiences that our users love as well as a great business opportunity for developers in Brazil and around the world. We face intense competition everywhere we operate and we are proud to be a driver of innovation and economic growth. We are concerned that the provisional measure proposed by CADE could harm privacy and security, and we will continue to advocate for what is best for our users.
This latest decision adds to the global regulatory scrutiny Apple is facing over its App Store rules — a battle that continues to intensify in regions from the European Union to the United States and now, more firmly, in Brazil.
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