The Brazilian Administrative Council for Economic Protection (CADE) recently issued a bulletin stating that the court had approved the “termination of commitment regulation” submitted by Apple and had concluded an antimonopoly investigation against the iOS system App Store rule. The case, which began in 2022, examined, inter alia, whether apple restrictions on the application of distribution and payment modalities constituted undue competition in the Brazilian market.
According to CADE, the focus of the survey included the prohibition of iOS using third-party application shops for apples, the mandatory use of apple-based purchase systems by developers to process digital goods and subscriptions, and preventing developers from informing users of alternative payment options. According to the settlement agreement, apples are allowed to developers in Brazil: to provide external payment links that can guide users to out-of-application transactions; and to display third-party payment modalities in applications at the same time and must be presented alongside apple payment options. CADE emphasizes that the presentation of third-party payment options must not be deliberately weakened. Third-party application store access has also become mandatory. CADE has made it clear that while apples can give warning or alert information to users, their content must be neutral and objective, their scope limited and the use of alternative options should not be hindered by additional operational steps or obstacles.
According to the details of the agreement disclosed by Tecnoblog, the adjusted fee structure is as follows:Application commission to maintain 10 per cent or 25 per cent of standard terms; an additional 5 per cent transaction processing fee for transactions using the Apple Payment System; no charge for external payments (no click links/buttons) only through static text; 15 per cent through clickable buttons/links jumps to external websites; and 5 per cent for core technology for third-party application stores.CADE provides for a maximum of 105 days for the full adjustment of apples after the entry into force of the new regulations. The decision marked Brazil as another jurisdiction to force apples to open their ecosystems by legal means, following the EU, Japan, etc.
