News: 1665167609

  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

French court slashes Apple's €1.1b fine to pocket change

(2022/10/07)


The record-setting €1.1 billion fine levied against Apple by French authorities has been cut by two-thirds to just €372 million ($363 million) – an even more paltry sum for the world's first company to surpass $3 trillion in market valuation.

The three-comma invoice was [1]submitted to the iPhone giant in 2020 by France's antitrust body, the Autorité de la Concurrence. Yesterday an appeals court [2]reportedly tossed out the price-fixing charge in that legal spat as well as reducing the time scope of remaining charges and lowering the fine calculation rate.

The case goes back to 2012. Apple was accused of conspiring with Tech Data and Ingram Micro to fix the prices of some Apple devices (that's the dropped charge) as well as abusing its power over [3]resellers by limiting product supplies, thus pushing fans into Apple retail stores.

[4]

Tech Data and Ingram Micro were also fined, and have since had their totals [5]reduced as well.

[6]

[7]

Both sides plan to appeal the decision, with Apple and the Autorité both telling Bloomberg they were unhappy with the outcome. In Apple's case, it plans to file an appeal with France's highest court to completely nullify the fine, a spokesperson said.

The Autorité, on the other hand, isn't happy that the fine was reduced. "We would like to reaffirm our desire to guarantee the dissuasive nature of our penalties," an Autorité spokesperson said, adding that desire especially applies to market players at the level of Apple.

Apple and France: Old familiar friends

Silicon Valley's tech giants are no strangers to courtroom drama, but Apple and France have a relationship on a whole different level: the Euro nation has hit the iMaker with multiple lawsuits and protests over the years. And as Twitter's security whistleblower Mudge [8]pointed out , the French scare US companies more than Washington regulators.

Make no mistake: France still [9]loves its iPhones , they just want Cook and Co to do better.

[10]

Along with the 2020 settlement, the case for which kicked off in 2012, French authorities have fined Apple €48.5 million for [11]antitrust violations and €25 million for [12]throttling older iPhones ; the iGiant was forced to include [13]repairability scores on its French websites ; and in August the Gallic empire charged Apple with [14]antitrust and anticompetition violations over App Store practices.

In addition to formal actions, the French people also took to the streets and [15]Apple Stores in 2018 to demand the iPod inventor cough up its fair share of taxes in France, part of a pressure campaign that prompted the corporation to pay €500 million in back taxes owed to France. Separately, Apple was charged with stiffing the EU on its taxes to the tune of €13 billion in 2017.

Like many fines directed at big businesses, those penalties may seem large to the average person, but to a company the size of Apple it's a pittance. According to Tipalti, Apple earns – [16]in profit alone – $105,116 a minute.

[17]

At that rate, Apple could pay off France's new lower fine with less than three days of profit, while the full €1.1 billion would take around a week. ®

Get our [18]Tech Resources



[1] https://www.theregister.com/2020/03/16/french_competition_watchdog_fines_cupertino_11_over_anticompetitive_practices/

[2] https://www.reuters.com/legal/french-court-divides-by-three-an-antitrust-fine-against-apple-source-2022-10-06/

[3] https://www.theregister.com/2012/08/06/ebizcuss_closes_doors/

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2Y0ChdWJx@cS1nqKipBG@fQAAANI&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[5] https://www.bloomberg.com/news/articles/2022-10-06/apple-wins-728-million-cut-to-record-french-antitrust-fine

[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Y0ChdWJx@cS1nqKipBG@fQAAANI&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y0ChdWJx@cS1nqKipBG@fQAAANI&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[8] https://www.theregister.com/2022/09/14/twitter_mudge_senate/

[9] https://www.statista.com/statistics/921413/smartphone-market-share-in-france-by-model/

[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Y0ChdWJx@cS1nqKipBG@fQAAANI&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[11] https://www.theregister.com/2016/04/06/apple_faces_485m_fine_from_french/

[12] https://www.theregister.com/2020/02/08/france_fines_apple/

[13] https://www.theregister.com/2021/02/27/apple_recycling_scores/

[14] https://www.theregister.com/2022/08/02/apple_app_monopoly/

[15] https://www.theregister.com/2018/04/10/apple_protesters_diein/

[16] https://tipalti.com/profit-per-second/

[17] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y0ChdWJx@cS1nqKipBG@fQAAANI&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[18] https://whitepapers.theregister.com/



Units?

Charlie van Becelaere

"cut by two-thirds to just €372 million ($363 million)"

By my current calculation, that's £327 million. What's happened to El Reg?

If France is in the Eu

Yet Another Anonymous coward

Does Apple have to actually do business in France?

France has to let the free flow of goods from other members. So if Apple closed its retail stores in France and French consumers just bought their iPhones from apple.be and all the appStore sales happen in Luxembourg anyway - would France have any power over Apple?

Could this be extended to all the US tech giants just moving to 'accommodating' regulatory regimes in Eire, Luxembourg, Malta etc and tell the various governments to swivel ?

Re: If France is in the Eu

DS999

Surely there is some clause in EU laws that prevents this fairly obvious dodge or it would have been seen in practice long before the iPhone existed.

Re: If France is in the Eu

Anonymous Coward

This argument has been repeated so many times...

Yes, it would. The business happens where the /customer/ is, not the /seller/.

The article even reminds you that Apple got a 13 billion fine in Eire, that was handed down against the wish of the Irish government. That's precisely because one of roles of the EU is to ensure not only the free flow of stuff, but also a level playing field.

Another example was 10 years ago, when DVDs sent from the UK to the continental EU made a quick stop in the Channel islands, out of the EU, so the VAT would vanish on the way. That didn't fly, either.

https://www.theguardian.com/business/2012/mar/15/vat-loophole-on-cds-closed

Re: If France is in the Eu

Yet Another Anonymous coward

>Yes, it would. The business happens where the /customer/ is, not the /seller/.

Although Google's none of our 10,000 sales staff int he UK make any sales, it's all the 3 people in Ireland. Or Apple's that sale in an Apple store on Oxford St actually happened in Ireland - would disagree.

IIRC the fine was for Ireland agreeing to make Apple essentially tax free, which gave the Irish company an unfair advantage over other European makes of smart phones.

msobkow

It really was a serious bargain to slip the judge a million...

NEVER swerve to hit a lawyer riding a bicycle -- it might be your bicycle.