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ARTICLE · 24 MARCH 2020

Apple Settles With French Authorities Over €25 Million Fine

Jones Day
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On January 5, 2018, a consumer association filed a complaint against Apple with the Public Prosecutor's Office in Paris for planned obsolescence of its devices, alleging that Apple was deliberately slowing down its old smartphone models to speed up their replacement.

FranceCriminal Law

In Short

The Situation: Following an investigation of Apple led by the French authorities into the use of misleading commercial practices, Apple agreed to settle and pay a €25 million fine.

The Issue: Under French law, using misleading commercial practices is a criminal offense and the fine incurred by a legal person may increase to as much as 10% of that person's average annual turnover. Failing to share material information on a good or a service may be deemed as a misleading commercial practice.

Looking Ahead: In the near future, French authorities could increasingly resort to settlement procedures to avoid the encumbrances of a criminal investigation.

The Case at Hand

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