Apple may face Dutch antitrust lawsuit over App Store

Apple can face an antitrust lawsuit in the Netherlands over its App Store, following a ruling by the European Union’s top court on December 2, 2025.

The Court of Justice of the European Union said Dutch courts have the authority to hear claims from two local foundations seeking damages for users allegedly harmed by Apple’s App Store practices.

The lawsuit, brought by Stichting Right to Consumer Justice and Stichting App Stores, centers on claims that Apple’s fees for third-party apps are excessive and constitute abuse of a dominant market position.

Apple argued that Dutch courts lack jurisdiction because the alleged harm did not occur in the Netherlands.

The court rejected this, noting the App Store was tailored for Dutch customers and purchases could cause damage within the country.

Apple did not comment on the ruling

🔗 Source: Reuters

🧠 Food for thought

Implications, context, and why it matters.

Collective action law gives foundations an advantage amid tight court review

Under the Dutch Collective Damages Act (WAMCA) effective since 2020, only foundations or associations can file collective actions, and they must prove they are sufficiently representative using supporter counts and claim volume 1.
Courts review funding deals to keep control with the claim group. Directors cannot take profit through the organization, and funder success fees often sit at 20 to 35 percent 2.
WAMCA cases move through four phases from admissibility to liability to settlement to damages allocation 3. The government moved up its review to 2024 due to worries over representativeness rules that slow cases 1.
The system is opt-out for Dutch residents and opt-in for others, though courts may extend opt-out beyond the Netherlands 3.

Claims-tech platforms can gather Dutch App Store users for funders

Funders can target consumers in an EU Member State to create jurisdiction, then source claims by mapping the Dutch collective action register and finding active foundations 4.
Many work on a no cure no pay basis in the Netherlands, and Deminor covers adverse party expenses if ordered so people can join with no upfront costs 5.
Claims-tech firms help foundations meet strict admissibility tests with tools for supporter tracking and claim volume records 1.
The Netherlands Commercial Court, a specialized chamber, hears cases in English with judgments enforceable across the EU under the Brussels I Recast Regulation (EU rules on jurisdiction and civil judgment enforcement) 6.