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