56 D DISTRIBUTION OF APPLE PRODUCTS A heavy fine for anticompetitive agreement and abuse of a situation of economic dependency €1.1 billion... this is the largest individual fine ever handed down on a company, in this case Apple, by the Autorité in March 2020, for having engaged in anticompetitive agreements within its distribution network and also for abusing a situation of economic dependency on its premium resellers. Serious practices that resulted in price harmonisation and prevented customers from enjoying the benefits of competition. A look back at a major case. R COMPLIANCE: After receiving a complaint in 2012 from • it had abused the situation of econo- ADVICE TO eBizcuss (a distributor of specialised high-mic dependency in which its commercial UNDERTAKINGS end Apple products), the Autorité fined partners, the premium resellers, found While a manufacturer is free Apple €1.1 billion, as well as wholesalers themselves, in particular by placing them to organise its distribution Tech Data and Ingram Micro €76.1 million at a disadvantage compared with its own system as it sees fit, and €62.9 million respectively. This deci- distribution network. to designate different sion to impose fines followed dawn raids sales channels, to choose wholesalers to supply carried out at the headquarters of Apple certain retailers and to and its wholesalers, the litigation for whichTHE PRACTICES IMPLEMENTED reserve direct supply ended in December 2017. for other retailers, it must The Autorité found that Apple had imple- The retail distribution of Apple nevertheless ensure mented three anticompetitive practices products in France currently goes that it does not restrict in France within its distribution network via two distinct channels the commercial freedom for electronic products (excluding iPhone):• Apple’s own "integrated" stores (Apple of its partners, if they are Store and Internet). autonomous economic • it had ’sterilised’ the wholesale market by stakeholders. organising a division of products and cus- • Around 2,000 independent resellers tomers between its two wholesalers, Tech (who buy via wholesalers or directly from Data and Ingram Micro; Apple), including the so-called Apple Premium • it had imposed selling prices on its pre-Resellers (APR). mium resellers; I T G I T A L •DIGITAL•D II NGTROPER LAUNNA 0202 – erutuf evitisop erom a gniretsoF IT SA HL O•