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Total. Based on coverage in Dutch press. An issue I read about is that the sanctions can reach a maximum of a percentage of earnings (10%) but they need to take

by wjnc 5y ago

Total. Based on coverage in Dutch press. An issue I read about is that the sanctions can reach a maximum of a percentage of earnings (10%) but they need to take the exact legal entity into account. 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-dat-wel-indruk-op-apple-maakt/ https://blog.iusmentis.com/2022/02/18/wat-kan-de-acm-doen-da...

slenk 5y ago
$50M total? No one at Apple would notice
- lucb1e 5y ago
  There are ~17 million inhabitants in NL, this concerns Apple devices only (I'd guess 30% market share, idk[1]), it concerns dating apps only, and Apple earns some 30% of any purchase. 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-leading-smartphone-brands-in-the-netherlands/ https://www.statista.com/statistics/744305/market-share-of-l...
- tremon 5y ago
  From the same link: "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
- stale2002 5y ago
  Possibly. But if the flagrant violations continued, then the arrests would start happening, eventually. (not immediately though, obviously) 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.
  - arlcode 5y ago
    Treaties are not even needed. 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

by wjnc 5y ago

slenk 5y ago

$50M total? No one at Apple would notice

lucb1e 5y ago
There are ~17 million inhabitants in NL, this concerns Apple devices only (I'd guess 30% market share, idk[1]), it concerns dating apps only, and Apple earns some 30% of any purchase. 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-leading-smartphone-brands-in-the-netherlands/ https://www.statista.com/statistics/744305/market-share-of-l...
tremon 5y ago
From the same link: "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
stale2002 5y ago
Possibly. But if the flagrant violations continued, then the arrests would start happening, eventually. (not immediately though, obviously) 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.
- arlcode 5y ago
  Treaties are not even needed. 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