The decision, issued in November 2024, imposes daily fines of R$250,000 (approximately $43,000) if Apple does not comply within 20 days.
Key Points of Apple’s Appeal
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Privacy and Security Risks:
Apple argues that the CADE ruling threatens user privacy and security. The company claims sideloading could expose users to malware, scams, and compromised personal data. -
Implementation Challenges:
- Apple states that 20 days is insufficient to implement the necessary technical changes.
- The company described the ruling as “arbitrary” and “non-urgent,” citing the App Store’s consistent operational model over the years.
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Broader Implications:
Apple warns that forcing sideloading could set a dangerous precedent, undermining the company’s ability to safeguard user data globally.
Antitrust and Global Scrutiny
Brazil's decision aligns with growing international pressure on Apple to allow greater competition in its App Store policies:
- United States: Apple faced a high-profile lawsuit from Epic Games but prevailed in defending its App Store model.
- European Union: New regulations have forced Apple to allow third-party app marketplaces and modify its commission structure.
- Japan: Legislation passed in 2024 mandates third-party app markets, effective in 2025.
- UK: The Competition and Markets Authority (CMA) investigated Apple’s practices but dropped the case in August 2024.
Looking Ahead
Apple’s appeal in Brazil is a critical test of how far regulators will push for market competition over platform control. If the ruling is upheld, Apple might adapt its alternative app marketplace model—already required in the EU—for broader use in regions like Brazil.
CADE has not yet responded to Apple’s appeal, leaving the future of the case uncertain.
