This ruling supports the Bundeskartellamt's classification of Apple as a major digital corporation, following a 2021 amendment to competition laws that allows for enhanced scrutiny.

On March 18, 2025, the Federal Court of Justice in Germany ruled that Apple holds significant cross-market importance for competition, enabling stricter oversight by the Federal Cartel Office.

The ruling underscores the contrasting approaches of US and European antitrust laws, with Europe focusing on the potential for consumer harm rather than requiring evidence of actual harm.

In 2023, the Bundeskartellamt determined that Apple possessed substantial market power, a classification Apple contested but was ultimately upheld by the court.

The court's decision does not require proof of actual harm to competition; rather, it acknowledges potential threats, with the ruling effective for five years.

This verdict reflects a growing trend of regulatory scrutiny on major tech companies, emphasizing their impact on market competition.

The ruling aligns with broader efforts in the EU to limit the market power of tech giants through legislation such as the Digital Markets Act.

The ruling may accelerate investigations into Apple's tracking policies, as the Bundeskartellamt reviews whether these practices unfairly disadvantage third-party app developers.

The FCO highlighted that Apple's two billion active devices grant it substantial power to dictate terms for third parties and control customer access.

Concerns were raised regarding Apple's App Stores, which provide the company with deep insights into competitive data, potentially disadvantaging competitors.

The court emphasized that it is sufficient for a company to have the potential to harm competition to be deemed dominant in the market.

This ruling marks the second occasion the BGH has upheld the Bundeskartellamt's findings, following a similar decision regarding Amazon in April 2024.