does this mean it could read 50 million per week, or 50 million in total. I would assume per week, as in total does not seem reasonable, but the wording is ambiguous.
does this mean it could read 50 million per week, or 50 million in total. I would assume per week, as in total does not seem reasonable, but the wording is ambiguous.
The sanctions can at most be 10% of (dutch) revenue. However, that can double to 20% if Apple re-offends within 5 years.
And apparently just paying the fines without any attempt to fix the problem for which you're fined can be considered "Contempt of court", which allows a judge to impose further penalties of increasing severity (not just fines), at least according to this blog post by a dutch lawyer: https://blog.iusmentis.com/2022/02/18/wat-kan-de-acm-doen-da...
There are other ways in Dutch law to threaten firms with larger amounts but not all of those are open to the antitrust authority. A judge could threaten penalties that can escalate quickly when a company remains non complaint and even persons (in this case: directors) can be taken hostage for not complying. (Obviously, that is a last resort measure and not often used.) Dutch source [1]
[1] https://blog.iusmentis.com/2022/02/18/wat-kan-de-acm-doen-da...
"In an earlier case [1] the judge blew a gasket when IBM refused to honour a wrongful dismissal verdict, and kept paying the imposed damages but refused to re-hire the employee: the damages were subsequently raised from €50k to €5 million. If the employee still would not have been returned to his job, the fine could have been raised even more, as there is no legal limit to imposed liquidated damages, as long as the fines are proportional to the case. And what is considered proportional can easily grow to very large sums when you repeatedly ignore a court order"
[1] that case had a very nice summary title: paying damages does not equate to adhering to the verdict; contempt of court
For this to not be a loss, every inhabitant (baby and grandma) would have to spend an average of 33 euros (33×17M×0.3×0.3=50M) on dating apps. For "nobody to notice" at Apple, multiply 33 euros by a factor of your fancy.
[1] edit: guess was correct https://www.statista.com/statistics/744305/market-share-of-l...
Apple better hope it has no business at all in that country. Or possibly even the EU, actually, if there are treaties/EU laws that allow cross country enforcement.
They pull the same stunts in all countries and courts in a neighbouring legislation (e.g. Germany / France) could very likely impose similar fines.
The Dutch are just the first.
There are several EU wide directives in the cooker which aim to address such problems (DMA and DSA).
Apple probably sees the writing on the wall and tries to extract as much money while they can