Justice Overturns Cade’s Measure Against Apple’s App Store in Brazil

Justice Overturns Cade’s Measure Against Apple’s App Store in Brazil

2024-12-06 03:49:00
Justice Overturns Cade’s Measure Against Apple’s App Store in Brazil

A few hours ago, we reported that Apple filed an appeal to Apple’s administrative process. General Superintendence do Administrative Council for Economic Defense (SG-Cade) do Brazil. In it, the company sought to suspend the application of a preventive measure which would force the company to allow alternative payment methods in the App Store and release the sideloading no iOS. Then, according to the Economic ValueApple did it.

A Federal Court of the Federal District overturned the preventive measure imposed by Cade. According to the judge Eduardo Santos da Rocha Penteadoof the 14th Federal Civil Court, it was “disproportionate” and “unnecessary”. According to the article, Cade did not comment, but will appeal the decision.

The judge said the measures “change, in a sensitive and structural way, Apple’s business organization.”

The technical complexity of the changes and the global regulatory impacts of similar decisions in other countries, such as the European Union, reinforce the need for such changes to be discussed in greater depth.

The administrative process, it is worth remembering, was opened at the end of November — in response to a complaint from Mercado Livre — and provided for a fine of R$250,000 per day if Maçã did not make the necessary changes to the business model of its app store. According to Cade, the process aims to “investigate suspicions of abuse of a dominant position” and the practice of “tying” by Apple.

The determinations of the preventive measure — which has now been suspended — include two main points:

  1. Payment methods: Apple should allow developers as much inform your users about other payment methods (something currently prohibited on the App Store) and add links and buttons or integrate third-party payment platforms within the app itself.
  2. App Store: according to Cade’s determination, developers should be able to “choose distribute your applications native to iOS through other tools and mechanisms other than exclusively the Maçã store, in particular measures to enabling sideloading and inclusion of alternative native app stores.

Apparently, this soap opera is still far from over…

via 9to5Mac

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What are0 the potential long-term implications‍ of ⁣this ruling for Apple’s business model ⁢in Brazil?

## Apple Wins Short-Term Victory⁣ in Brazilian Court⁢ over App Store Changes

**Host:**​ Welcome back. Joining us today is ⁣technology law expert‍ and professor, Dr. Anya‍ Sharma, to discuss the breaking news ‍that Apple has secured a legal victory in Brazil. Dr. Sharma,‍ can you ⁤give us a quick rundown ​of what happened?

**Dr. Sharma:** Certainly. This​ is ⁤a developing story, but here’s what we⁢ know: Brazil’s Administrative ⁢Council for Economic Defense ‌(CADE) had ⁤issued‌ a preliminary‍ order requiring Apple to allow alternative payment methods in its App Store and‍ enable “sideloading,” which is the ability for users to install‍ apps from sources other than ⁤the official app store. This was a significant challenge to Apple’s tightly​ controlled ecosystem.

**Host:**‍ And how did Apple ⁢respond to ⁢this ‌order?

**Dr. Sharma:** ‌ Apple ⁤appealed the order to a Federal Court in the Federal District, arguing that the⁣ changes imposed by CADE​ were disproportionate and ‌unnecessary.

**Host:** And the ‍court sided with Apple?

**Dr.‌ Sharma:** Indeed. Judge Eduardo ‌Santos da Rocha Penteado overturned the preventative measure, ⁢stating that it would significantly‍ alter Apple’s business model and​ presented significant technical hurdles.

**Host:** So, what does this mean for users in Brazil?

**Dr. Sharma:**⁢ For now, it means the status quo remains in the App Store. Users will continue to rely on Apple’s in-app payment system and⁤ won’t⁢ have the option for sideloading. However, this is just‌ the latest chapter in an ongoing​ legal battle. CADE has indicated they will appeal the court’s decision, so‌ the ‌fight over app store regulations in Brazil is far from over.

**Host:** Dr. Sharma, thank you for providing this insightful analysis. We’ll be following this story closely as it ‌unfolds.

**(Note: This interview is based on the ‍provided excerpts and does not‌ represent a factual account of events.)**

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