“Do you allow me to use my computer? Because I put a lot of data on it, and it’s an Apple, so I wouldn’t want to be blamed for that.” The judge of the commercial court was teasing this Friday, September 23. On the left, benches well stocked with dresses to defend Apple. On the right, two representatives of the Ministry of the Economy. In the center the place of the Apple store and especially the practices and commissions levied by the firm at the apple on each transaction carried out on this platform. After 3 hours of debate, eminently technical, the debate can be simplified. Can Apple impose a tariff at will on developers in order to market its applications? Or is it an obligation creating a significant imbalance to the detriment of the French developer? The contracts in question date from 2015 and 2016.
For the representative of the Ministry of the Economy, with “the exclusive acceptance of Apple’s payment system, a developer finds himself stuck and can no longer get out of it. Apple imposes the 30% commission on the developer, and therefore in fine to the end user. This is what has been blamed in the United States for Fortnite.”