The Comisión Nacional de los Mercados y la Competencia (CNMC) has expanded its sanctioning file against Apple, initiated in July 2024, due to new evidence suggesting possible violations of competition laws. The investigation focuses on whether Apple has imposed unfair commercial conditions on developers using its App Store to distribute applications.

Initially, the CNMC's inquiry was based on allegations that Apple was abusing its dominant market position by enforcing inequitable terms on developers. This behavior is considered contrary to Article 2 of the Spanish Competition Law (LDC) and Article 102 of the Treaty on the Functioning of the European Union (TFUE).

With the recent expansion, the CNMC is now examining if Apple has established a mandatory pricing schedule that developers must adhere to when distributing their applications. Such conduct could be deemed restrictive of competition, thus broadening the investigation to include Article 1 of the LDC and Article 101 of the TFUE.

The extension of the inquiry does not prejudge the outcome of the investigation, which has a maximum duration of 24 months from the initial filing date for instruction and resolution.