Brasília, May 14, 2025 – Brazil’s antitrust watchdog has upheld a preventive order against Apple, requiring the tech giant to cease potentially anticompetitive practices in its App Store operations or face a daily fine of R$250,000 (approx. USD 50,000).
The decision, announced on Wednesday (May 14) during the 247th Ordinary Session of Judgment by the Administrative Council for Economic Defense (CADE), rejected Apple’s appeal against a prior order issued by the agency’s General Superintendence (SG). The measure stems from an ongoing investigation into Apple’s conduct in the market for distributing iOS applications.
The case was triggered by a complaint from Latin American e-commerce and fintech firms Mercado Livre and Mercado Pago. They allege that Apple imposes unjustified restrictions on in-app purchases, effectively curbing competition and excluding rival payment systems by mandating use of its own payment infrastructure, which charges a 30% commission.
In his opinion, CADE Counselor Victor endorsed the SG’s decision, pointing to “strong plausibility” that Apple is abusing its dominant market position through a form of tied selling. He argued that the company’s fee structure not only imposes excessive costs on developers, but also stifles innovation and reduces consumer choice—an outcome that may constitute a violation of Brazil’s competition laws.
Similar concerns have prompted regulatory scrutiny around the globe. Apple’s App Store policies are currently under investigation or have already led to regulatory action in jurisdictions including the European Union, the United Kingdom, Germany, the Netherlands, Australia, South Korea, Japan, India, and Indonesia.
CADE’s ruling gives Apple 90 days to comply with the order, starting from the date of the appeal decision. Failure to do so will trigger the substantial daily fine.
The case marks another significant step in Brazil’s broader efforts to curb anticompetitive behavior in digital markets, as regulators worldwide grapple with the growing power of Big Tech.
