CJEU Affirms Dutch Jurisdiction in Apple App Store Suit

The Court of Justice of the European Union ruled on Thursday that Dutch courts have jurisdiction to hear a class-action antitrust lawsuit against Apple over its App Store commission fees, potentially exposing the company to damages of up to 637 million euros on behalf of 14 million iPhone and iPad users in the Netherlands.

The decision clears a major procedural hurdle for two Dutch consumer foundations, Stichting Right to Consumer Justice and Stichting App Store Claims, which filed the suit in 2022. The groups accuse Apple of abusing its dominant market position by charging developers commissions of up to 30 percent on app sales and in-app purchases. They argue that these fees inflated prices for consumers, causing financial harm estimated at around 637 million euros, including statutory interest, for seven million iPhone users and seven million iPad users in the country.

Apple had contested the Dutch courts' authority, asserting that the case should be litigated in Ireland, where the EU App Store operates. The company contended that the alleged harm did not occur in the Netherlands and that allowing the suit to proceed could lead to fragmented litigation across the European...