Apple courts in Russia

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2024

FAS: Apple must explain its position on the access of Russian payment systems to iOS

The Federal Antimonopoly Service (FAS) believes that Apple's actions contain signs of violation of antimonopoly laws. This was announced on April 5, 2024 by the press service of the State Duma deputy RFAnton Nemkin. Read more here.

Apple paid an antitrust fine of 1.18 billion rubles

Apple paid an antitrust fine of 1.18 billion. rubles The press service FAS Russia announced this on January 22, 2024.

As the regulator clarifies, the funds from the American corporation went to the budget of the Russian Federation on January 19, 2024. The fine was paid in a case in which the FAS recognized Apple as violating antitrust laws. According to the Russian antimonopoly department, the company imposed on Russian developers of applications for iOS the need to use the company's payment tool in their applications.

The FAS clarifies that the App Store rules prohibited developers of iOS applications from informing customers within the application about the possibility of paying for purchases outside the App Store, as well as using alternative payment methods. The company demanded that developers remove links to their Internet resources and change the functionality of the application so that the registration form does not lead to external sites. Otherwise, the company did not allow applications in the App Store.

The FAS considered these actions to be abuse of the dominant position in the application market. Apple did not eliminate the violations after the warning, after which an antitrust case was opened. FAS fined the American company 1.18 billion rubles. The court at the end of 2023 recognized the decision of the regulator legal.

After the decision of the FAS, Apple officially allowed Russian developers to embed in their applications for iOS and iPadOS the possibility of payment by third-party payment systems. At the same time, Apple will charge a commission of 27% for purchases using third-party systems. The standard App Store fee is 30%. Apple said in a statement that the corresponding decision was made in connection with the court decision. At the same time, the ability to insert external links appeared only among developers from Russia, links should not be displayed to users of other countries. The mention of third-party payment systems must comply with the requirements of the company.^[1]

2023

Apple faces fine for threatening Russian citizens

Apple faces a fine for violating personal data laws. Nevertheless, the size of the fine once again reminds of the need to toughen the punishment in this area. This was announced on November 9, 2023 by the press service of the State Duma deputy RFAnton Nemkin.

The magistrate's court in Moscow announced that it would consider the protocol against Apple - this time the company faces a fine of up to 100 thousand rubles.

In relation to Apple Inc. a protocol has been registered, drawn up for an administrative offense under Part 1 of Article 13.11 of the Administrative Code of the Russian Federation (processing of personal data in cases not provided for by the legislation of the Russian Federation in the field of personal data, data or the processing of personal data incompatible with the purposes of collecting personal data), - quotes TASS the press service of the court.

Apple has repeatedly become a defendant in high-profile cases related to the security of user data, and not only in, Russia recalls information technology communications Anton Nemkin, a member of the State Duma Committee on Information Policy. So, in January 2023, a class action lawsuit was filed against Apple in connection with the practice of collecting and sending analytical data from users, iPhone regardless of whether the user agreed or not. In 2020, the company also received a charge of spying on users due to what Big operating system macOS Sur used to API constantly send user data to Apple even without. enciphering

In addition, in the same 2020, Apple faced a privacy case in Europe over the iPhone tracking ID for advertisers, which allowed users to be followed in various applications and distributed personalized ads.

Recently, Western IT giants are increasingly accused of spying on users and transferring personal data to Western special services. The corporations themselves strongly disagree with this and fight for their reputation in the courts, but the facts against them are indisputable. Violation of privacy of personal data of users is unacceptable in any country, and no one, even the most influential company, has the right to disdain users and legislation. It is time for the entire world community to begin work on creating regulatory mechanisms in the digital environment that would apply to all states. Ensuring the confidentiality of personal data of users is the primary task in the age of digital technologies, which Western IT giants for some reason are in no hurry to fulfill. And the next fines against Apple are a vivid confirmation of this, - said the deputy.

It is clear that a fine of 100 thousand rubles for the IT giant is a trifle that they will not even pay attention to. We are talking about the introduction of working fines for personal data operators in Russia for data leaks, however, in my opinion, it is worth tightening sanctions on all articles of the code that affect work with personal data. Otherwise, it will not be possible to achieve results in this work and protect the data of Russians, the parliamentarian concluded.

The court recognized the FAS fine against Apple for imposing a payment instrument as legal

The Ninth Arbitration Court of Appeal recognized as legal the decision and order of the FAS Russia in relation to Apple Inc, as well as the decision to impose a fine of almost 1.2 billion rubles for imposing a payment instrument on the company. This is stated in a message dated October 3, 2023, published on the official website of the antimonopoly service.

Apple was fined by the FAS in the amount of 1 177 988 700 rubles in January 2023 for violating antimonopoly laws. Based on the results of the consideration of the antimonopoly case against the company, the FAS found that Apple imposed Russian developers applications iOS a payment instrument of the company for the need to use in its applications.

App Store rules also prohibited developers from informing customers inside the app about the possibility of paying for purchases outside the store and using alternative payment methods. The company demanded that developers remove links to their Internet resources and change the functionality of the application so that the registration form does not lead to external sites. Otherwise, the company did not allow the application to be placed in the App Store.^[2]

Apple must pay a fine within two months from the date of entry into force of the document on imposing a fine into legal force, TAdviser the press service of the deputy said on October 5, 2023 State Duma of the Russian Federation Anton Nemkin , citing. TASS

Earlier, in May 2023, the Moscow Arbitration Court also denied Apple a lawsuit demanding that the decision and the FAS order be declared invalid.^[3]

According to Anton Nemkin, a member of the State Duma Committee on Information Policy, the company has repeatedly demonstrated non-compliance with Russian legislation, in addition, it was previously noticed in the dissemination of illegal content and fake information.

"Apple's antitrust violation has already become systematic. Let me remind you that the antimonopoly service has already fined the company in April 2021 - by 906.29 million rubles for abuse of dominant position. Russian developers need to pre-install the domestic network store RuStore, then the risk will disappear that they will again face unfair Apple policies. Moreover, Apple and Google remove dozens of Russian applications from their stores every day. In my opinion, a mandatory RuStore preset for smartphones and other devices could open up new prospects for domestic software manufacturers, "the parliamentarian said.

For the first time, a Russian court fined Apple for failing to erase false information about SVO

On August 3, 2023, a magistrate in Moscow fined Apple for refusing to delete inaccurate information about Russia's special military operation in Ukraine. For the first time in the Russian Federation, the American corporation was found guilty of an administrative offense under Part 2 of Art. 13.41 of the Administrative Code of the Russian Federation (failure to delete information prohibited under Russian laws).

According to Interfax, during the hearing they reported that the violation was related to podcasts with "inaccurate information about a special military operation" and with information "aimed at involving minors in illegal activities in order to destabilize the political situation in the Russian Federation."

Apple's defenders, after the announcement of the protocol, petitioned for a closed trial in order to prevent the disclosure of trade secrets in the open process. The court partially granted the petition, refusing to declare a closed session, but removing before the announcement of the decision from the process all but the company's defenders, including media representatives, the agency notes.

By the decision of the magistrate of the judicial district No. 422 of the Tagansky district of Moscow, Apple Distribution International was found guilty of committing an administrative offense under Part 2 of Art. 13.41 of the Administrative Code of the Russian Federation, and it was sentenced to an administrative fine of 400 thousand rubles, - Judge Timur Vakhrameev announced the decision.

The punishment was imposed below the lower limit - the article assumes fines for legal entities from 800 thousand to 4 million rubles.

Apple Distribution International LTD is an Irish-registered subsidiary of Apple, which distributed the company's products and services in Russia. By early August 2023, Apple does not officially supply its equipment to the Russian Federation.^[4]

FAS: Apple paid an antitrust fine of 906 million rubles

Apple paid a fine of 906 million rubles in an antitrust case. This was announced by the FAS Russia on February 27, 2023.

The regulator recalled that he recognized Apple as violating antitrust laws in the case, which was initiated at the request of Kaspersky Lab, and issued an order to eliminate violations.

It was found that Apple abused its dominant position in the market for the distribution of mobile applications on, operating system iOS by taking a series of sequential actions that led to the provision of competitive advantages to its own products and the simultaneous deterioration of the distribution conditions of competitors' products - "parental control" applications.

The company appealed the decision and order of the service, as well as the decision to impose a fine of 906 299 392 rubles in court. However, in 2022 and 2023. the courts of three instances supported the position of the FAS Russia, after which the company complied with the order.

On February 7, 2023, the FAS announced that Apple had fully complied with the agency's order issued following the investigation. On February 22, 2023, funds in the amount of 906 million rubles went to the budget of the Russian Federation, the FAS reported. As a source familiar with the progress of the case told Interfax, in case of late payment of the fine, the company threatened to double its size.

The service also noted that Apple has adopted an additional agreement to DPLA (license agreement with developers), which excludes the application of the clause on the non-admission of applications for Russian developers. The changes are valid from October 21, 2022. In addition, Apple has added the Screen Time API for parental control applications to the next version of the iOS 15 operating system.^[5]

FAS fined Apple 1.18 billion rubles for imposing its payment system

On January 17, 2023, the Federal Antimonopoly Service (FAS) fined Apple 1.18 billion rubles for imposing its payment system on mobile software.

Such an amount should be paid by the company for abuse of dominant position. In July 2022, the service recognized the company violated antitrust laws. Apple imposed on Russian developers of iOS applications the need to use the company's payment tool in their applications, the agency said in a statement.

It is noted that the FAS already recognized the company as violating antitrust laws in July, when it "imposed on Russian developers of applications for iOS the need to use" the company's payment instrument. App Store rules prohibited developers from informing customers within the program about the possibility of paying for purchases outside the store or using alternative methods.

From the point of view of ordinary users and the FAS itself, forcing Apple to open access to third-party stores and payment methods is a common idea, says Sergey Polovnikov, head of the Content-Review project. But in practice, such a move is vulnerable from a legal point of view, because the corporation is not a monopolist in the market of smartphones and operating systems for them, he said.

There are a lot of other phone models from other manufacturers, there is Android. You can use them and not follow the rules set by Apple. Moreover, the "apple" company is not trying to somehow infringe on or prevent competing producers from entering the market, the expert said in a conversation with Izvestia.

According to Sergei Polovnikov, in the event of an increase in the confrontation between Apple and the FAS and an increase in the number of fines, we can talk about the complete departure of the corporation from Russia: disconnection of support, updates, App Store.^[6]

2022

Apple faces revolving fine for antitrust violations

Apple faces a revolving fine for violating antitrust laws. This became known on July 19, 2022.

The FAS found Apple guilty of abusing its dominant position in the iOS app distribution market.

According to the FAS, paragraph 3.1 of the App Store Review Guide prohibits developers of iOS applications from informing customers about alternative payment methods outside the App Store. In addition, the company does not allow leaving links inside applications to Internet resources of developers, where payment is possible without commission.

In accordance with the current legislation, for abuse of a dominant position in the commodity market, a revolving fine of 0.01-0.15% of the company's annual revenue in Russia can be imposed .

The exact amount of the revolving fine for the company will be determined during the administrative investigation of^[7].

Apple fined 2 million rubles for refusing to localize data of Russians

On July 12, 2022, the Moscow Magistrate's Court fined Apple 2 million rubles for refusing to post Russian user data on servers in Russia.

The company was found guilty under Part 8 of Art. 13.11 of the Administrative Code of the Russian Federation ("Failure to comply with the obligation provided for by the legislation of the Russian Federation to ensure the recording, systematization, accumulation, storage or extraction of personal data of citizens of the Russian Federation using databases located in Russia").

As noted by TASS, this is the first case of bringing Apple to justice under this article in Russia. The protocol against Apple in this case was drawn up at the end of May 2022. The company faced a fine of up to 6 million rubles.

Those representing Apple's interests during the court session emphasized that an improper legal entity is brought to administrative responsibility.

Within the framework of the Apple structure, many legal entities have been created. The processing of personal data is not carried out by Apple Inc, but by Apple Distribution International Ltd., this is indicated in all explanations for users by Apple products, "said one of Apple's defenders.

In this regard, company representatives asked not to hold the company accountable. However, a spokeswoman for Roskomnadzor said during a court hearing that Apple Inc is the administrator of the Apple site where the data is collected.

There is no information about other legal entities on the company's website, so we believe that the protocol was drawn up correctly, - said the lawyer of the department.

According to the Russian legislation in force by July 2022, the personal data operator is obliged to ensure the recording, systematization, accumulation, storage, clarification (update, change), extraction of personal data of citizens of the Russian Federation using databases located on its territory.^[8]

The court upheld the legality of Apple's $12 million fine

The Moscow Arbitration Court upheld the legality of Apple's $12 million fine. This became known on May 28, 2022.

{{quote 'The company tried to appeal the decision and order of the service, as well as the decision to impose a fine, but the court of first instance upheld the position of the FAS, the FAS noted. }}

Earlier, in August 2020, the FAS Russia completed the consideration of the antimonopoly case against Apple, initiated as a result of the consideration of the application of Kaspersky Lab JSC. LC accused Apple of unreasonably rejecting versions of the Kaspersky Safe Kids (KSK) parental control program.

In April 2021, the FAS fined Apple for this violation by 906 million rubles (more than $12 million). The service found that Apple abused its dominant position in the market for distributing mobile applications other developers through operating system iOS barriers that led to the provision of competitive advantages to its own products, while simultaneously launching a similar "parental control" service^[9]

Lawsuit against Apple Rus for suspending Apple in Russia

The Presnensky Court of Moscow accepted a lawsuit against the Russian branch of the American company Apple - Apple Rus LLC. The author of the lawsuit was the "Public Consumer Initiative." This became known on April 15, 2022.

This public organization demanded that the complete stop of the import and sale of Apple equipment to Russia, as well as the maintenance of the company's devices in the country, be declared illegal. The plaintiff also asks the court to force her to stop all these actions.

In addition, the Public Consumer Initiative wants to achieve the complete arrest of all accounts and property of Apple Rus LLC. We can talk about hundreds of billions of rubles.

Rospotrebnadzor notified the court about entering the case in order to give a conclusion. The position will be announced in court after familiarization with all the case materials and explanations of the parties, - representatives of the department told the publication.

The exact date of the first hearing on April 15, 2022 was not established. Oleg Pavlov, head of the Public Consumer Initiative, told the publication that it will take place in the next few days; by the end of April 2022^[10].

2021

Apple sues FAS Russia

On December 5, 2021, it became known that the AmericanApple it had filed a retaliatory lawsuit against the Federal Antimonopoly Service. Russia The company intends through the court to recognize non-normative legal acts as invalid, according to the file of cases of the Arbitration Court. Moscow

Apple disputes the warning issued to it by the Federal Antimonopoly Service (FAS) of Russia at the end of August 2021 about the elimination of violations reported by iPhone users and application developers.

As noted, at the end of October 2021, the FAS opened a case against Apple on violation of antimonopoly legislation for the ban on informing users about alternative, more profitable ways to pay for goods. At the request of the FAS, the company was supposed to eliminate this defect by September 30, 2021, but this was not done.

According to the FAS Russia, the company receives a commission in the amount of 15 to 30% from each payment in the App Store, while device users are not informed about the possibility of purchases outside this app store. The ban on informing users about other payment mechanisms is contained in the management of the App Store Review Guidelines.^[11]

FAS opened a case against Apple because of the sales model outside the App Store

On October 27, 2021, the Federal Antimonopoly Service (FAS) of Russia announced the initiation of a case against Apple due to anti-competitive practices related to sales outside the App Store.

We are talking about the warning that the FAS issued to the American corporation on August 30, 2021. It was associated with appeals that users of iOS devices and application developers sent to the department. They claimed that sometimes buying an item is cheaper on the seller's website than in the App Store. For example, you can buy an e-book and then read it on an iPhone or iPad.

The company has provided a commission of 15 to 30% on each payment in its app store. At the same time, those who use devices from Apple cannot be informed about the possibility of buying an item outside the App Store.

The FAS recalled that paragraph 3.1 of the App Store review manual prohibits developers of iOS applications from informing customers within the application about the possibility of paying for purchases outside the App Store. Apple requires developers to remove links to their Internet resources and change the functionality of the application so that the registration form does not lead to external sites, otherwise the company does not allow applications in the App Store. The FAS obliged the company to lift this ban until September 30, 2021, but Apple did not fulfill this requirement.

The press service of the FAS reported that Apple did not fulfill the warning, in connection with which the regulator opened a case of violation of antitrust laws against the company. If Apple is found to have violated the law on protection of competition, it may face a revolving fine from the amount of revenue on the market.

Other countries have already voiced Apple's claims over the ban on third-party payments. So, in March 2021, the British antimonopoly regulator began an investigation against the company, believing that a ban on the use of third-party payment systems could limit competition.^[12]

FAS fined Apple $12 million after Kaspersky Lab complaint

On April 27, 2021, the Federal Antimonopoly Service (FAS) announced the imposition of a fine of 906 million rubles (more than $12 million) on Apple. The American corporation was found to have violated antitrust laws.

The FAS said that Apple abused its dominant position in the market for the distribution of mobile applications by operating system iOS taking a number of sequential actions that led to the provision of competitive advantages to its own products and the simultaneous deterioration of the conditions for the distribution of competing developments - "parental control" applications.

According to a statement from the Russian antimonopoly agency, the provisions of Apple's documentation contain unlimited discretion of the defendant, which could lead to limited competition in related markets. In this regard, the FAS again obliged the company to remove from its documentation the provisions giving it the right to prevent third-party applications from the App Store for any reason.

The FAS recalled that earlier the consideration of the antitrust case against Apple, initiated as a result of the consideration of the application at the request of Kaspersky Lab, was completed.

The FAS issued an order to Apple to eliminate the violation, according to which the organization must remove from its documentation provisions giving it the right to reject (prevent) third-party applications in the App Store for any reason, even if they meet all the requirements.

The regulation also obliges Apple not to allow preferential conditions for proprietary applications compared to third-party applications and to provide "parental control" for application developers to distribute applications in the App Store without losing important functions.^[13]

2020

FAS ordered Apple to eliminate violations to limit competition in the application market by November 30

On August 29, 2020, it became known that the Federal Antimonopoly Service (FAS) of Russia issued an order to the American corporation Apple Inc. to eliminate violations restricting competition in the distribution market for applications for mobile devices running iOS. The FAS obliged Apple to remove from its documentation provisions that give the company the right to reject third-party applications for placement in the AppStore. The prescription must be fulfilled by November 30, 2020, the regulator indicates.

The prescription also obliges Apple to prevent preferential conditions for proprietary applications compared to third-party applications and to ensure that parental control application developers can distribute applications in the AppStore without losing important functionality, the FAS notes.

Earlier, the FAS ruled that Apple limited competition in the distribution market for applications for mobile devices running iOS and abused its dominant position towards developers of mobile parental control applications. The American company intends to challenge the decision of the FAS. The case was initiated against Apple in September 2019 on the complaint Kaspersky Lab"" about the unjustified rejection of versions of Kaspersky the Safe Kids parental control program (KSK) by the American company^[14]

FAS recognized Apple as an abused dominant position in the application distribution market

On August 10, 2020, the consideration of the antimonopoly case initiated against Apple (the parent company of Apple, USA) at the request of Kaspersky Lab JSC was completed. This became known on August 12, 2020.

During the investigation, it was found that Apple is in a dominant position with a 100% share in the distribution market mobile applications , operating system iOS since it is possible to install such an application legally only from the store. App Store

The offense was expressed in Apple's implementation, starting in October 2018, of a consistent policy to limit the tools and capabilities for developing parental control applications, as a result of which most of the functionality of third-party applications was lost.

The implementation of this time policy coincided with the release of the company's own pre-installed Screen time application, which has functionality similar to that of parental control applications.

The FAS Russia Commission found that Apple abused its dominant position towards developers of mobile parental control applications and limited competition in the distribution market for applications for mobile devices running the iOS operating system.

The violation also resulted in Apple establishing the right to reject, prevent any third-party application from entering the App Store, even if it meets all Apple requirements.

Apple will be issued an order to eliminate the violation.

Access to the App Store is the only opportunity for application developers to distribute their products on the iOS operating system, and it is extremely important to create non-discriminatory conditions for market access to ensure competition, - said Deputy Head of the FAS Russia Alexei Dotsenko FAS[15].

2019: Russia opens case against Apple after Kaspersky complaint

On August 8, 2019, it became known that the Federal Antimonopoly Service (FAS) of Russia opened a case against Apple on the complaint of Kaspersky Lab. The investigation will be carried out in connection with Apple's actions in the market for the distribution of applications for its own mobile platform iOS.

The case on signs of violation of Part 1 of Article 10 of the law on protection of competition was initiated on the basis of a complaint against Apple filed by Kaspersky Lab in March 2019 and related to Apple's unfounded obstacles in promoting the parental control application Kaspersky Safe Kids. In particular, Apple forced Lab to cut the set of functions of this software, demanding that it remove the blocking of the Apple Safari browser and control over other programs installed on the smartphone. In other words, in order to meet Apple's requirements, the application had to lose its basic functions of providing parents with the ability to control the child's network activity and protect them from inappropriate content for children, as well as restrict the launch of applications based on the age rating of the App Store itself.

Apple showed interest in Kaspersky Safe Kids almost immediately after the release of the iOS 12 firmware with Screen Time in September 2018. This is a built-in parental control tool developed directly by Apple and ready for release as part of iOS 13 in the fall of 2019.

Having studied all the materials, the FAS specialists came to the conclusion that Apple's actions described in the Kaspersky Lab complaint do contain signs of the company's abuse of its dominant market position. The case will be considered on September 13, 2019. At the request of whether Apple contacted Kaspersky Lab after initiating a case for negotiations, representatives of the Lab could not answer at the time of publication of the material^[16]

2017

Apple top manager in Russia fined for coordinating iPhone prices

The manager of retail chains of Apple Rus, a subsidiary Apple in, Russia was fined (Federal Antimonopoly Service FAS) p20 thousand. The reason for the fine was his participation in organizing a price conspiracy around some models on the iPhone Russian market. As part of the conspiracy, an Apple Rus employee coordinated the actions of Russian retail chains, the news agency reported in July 2017 TASS Information Agency of Russia , citing the press service FAS^[17]

The fine was imposed in accordance with Part 2 of Article 14.32 of the Code of Administrative Offenses of Russia. The article provides for punishment for entering into an agreement or other agreed actions that limit competition, as well as for coordinating economic activities. In April 2017, a number of amendments were made to the text of the article. The punishment for an Apple Rus employee was determined according to the old version that was in effect at the time of his offenses. The previous version of the article provides for a fine from p20 thousand to p50 thousand for such a case, the current version - a fine from p40 thousand to p50 thousand or disqualification for up to 3 years.

Apple Rus itself was also fined p1.75 million in this case. The FAS posted the corresponding resolution on its website. The fine must be paid within 60 days from the announcement of the resolution, that is, from June 9, 2017. The funds will go to the state budget in full.

FAS opened a case against Apple's Russian subsidiary for coordinating iPhone prices

The Federal Antimonopoly Service (FAS) opened an administrative case in April 2017 against Apple's Russian subsidiary, Apple Rus. This was reported by Interfax with reference to the press service of the department.

In March, the FAS found Apple Rus guilty of violating the Law on Protection of Competition. As the deputy head of the antimonopoly department Andrei Tsarikovsky explained to reporters then, the company was found guilty of coordinating prices for iPhone 5s, iPhone 5c, iPhone 6, iPhone 6 Plus, iPhone 6s and iPhone 6s Plus. At the same time, Tsarikovsky noted that no violations were found regarding prices for the iPhone 7.

At the same time, Tsarikovsky noted that the department plans to initiate an administrative case against Apple's daughter in order to recover a fine. The deputy head of the department said at the same time that a number of mitigating circumstances would affect the size of^[18] fine, including Apple Rus' cooperation with^[19] service^[20].

Russian through the court forced Apple to open an authorized center in the Russian Federation

On February 20, 2017, Apple announced the opening in Russia of its own authorized center with a full service cycle. This decision is the result of six months of litigation and antitrust proceedings initiated by a Russian user.

Her representative announced the company's plans at a meeting at the Federal Antimonopoly Service (FAS). Initiator of the proceedings Dmitry Petrov. In the summer of 2016, antitrust and legal cases were initiated on the basis of his application.

In his statements, Petrov pointed out that the American company created discriminatory conditions for Russian users when repairing their devices. In particular, he was refused to repair the broken screen on the iPhone 6 Plus smartphone, citing the lack of original components for such work on the Russian market. Instead, Petrov was offered to purchase a device similar in characteristics, paying 22,200 rubles. At the same time, the international Apple website offers out-of-warranty repair of the iPhone SE screen for $129 (about 7.5 thousand rubles at the exchange rate at the time of publication), but this offer does not apply to devices for the Russian market^[21]

The Law "On Protection of Consumer Rights," which Petrov referred to in his claims, obliges the manufacturer to ensure the repair and maintenance of goods, the supply of spare parts during the production period of the goods and after its withdrawal from production during its service life. This period for the iPhone is five years.

According to the FAS statement following the meeting, a single Apple service center should open in Russia by May 1, 2017.

The report says: "The Antimonopoly Department has established that the actions of Apple Rus LLC, the only supplier of Apple Inc. products to Russia, contain signs of violation of Part 1 of Art. 10 of the Law" On Protection of Competition "on the failure to provide the possibility of using Apple Inc. products (iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus) during its service life."

All authorized Russian Apple partners will send devices requiring repair to the service center.

According to Petrov, he plans to... "abandon the claim due to the fact that the main goal of starting this process has been achieved...."

The message of Andrei Kashevarov, deputy head of the FAS, expresses the hope that Apple Rus will provide service to consumers in accordance with the legislation of the Russian Federation.

Before the opening of the full-cycle service center, Apple performed partial non-warranty device repairs. If the user wanted to replace the screen, for example, they changed the entire device. Smartphones sold in Europe, the United States and parts of Asian countries enjoy full service support from the company, and are provided with a "worldwide" guarantee.

2016

A case was opened against Apple over iPhone prices in Russia

Federal Antimonopoly Service (FAS) Russia filed a case against Apple price coordination for. iPhone Regulators believe that the company plays a central role in managing pricing in Russian retail, as a result of which stores set its prices at the smartphones same prices^[22]

The case was initiated under Part 5 of Article 11 of the Law "On Protection of Competition" (individuals, commercial organizations and non-profit organizations are prohibited from coordinating the economic activities of economic entities) against a group of persons consisting of: Apple Rus, Apple Holding, Apple Sales Ireland, Apple Operations International and Apple.

The basis for the antimonopoly investigation was the citizen's appeal with information about setting the same prices for the Apple iPhone 6s and iPhone 6s Plus models, which appeared on the Russian market in October 2015, by sixteen main resellers:, MTS, M.Video Beeline, Eldorado,,,,, Euroset Ozon"", "", "", Re:StoreCoherentMegaphoneUlmart"", "", Media MarktCitilink"" Fridge.Py(" DNSIon Know-How"), "."Tehnosila

"The investigation showed that since the beginning of the official sales of the iPhone 6s and iPhone 6s Plus smartphones in Russia, most resellers have set the same prices on them and kept them for a certain time. In addition, the antimonopoly department established a coincidence of reseller prices for other models of Apple smartphones, "the FAS

said.

The FAS believes that such coincidences may be the result of the coordination of the pricing of Russian resellers by Apple, which led to the establishment of prices on the Russian market and the adoption of the so-called "recommended" prices as mandatory.

The value of all parts in a connected assortment depends on several factors. This is the purchase price and estimated margin for a specific item. It depends on income generation how the retailer will be able to maintain its operating activities. Taking into account the purchase price and its expenses, the retailer determines in which interval the final price for a retail product can be set, as well as the planned profit for a specific product. At the same time, determining the retail price finally for each specific city and region, the company takes into account a lot of factors and, above all, the market situation, "commented CNews in Svyaznoy.

In turn, retailers say that they have not received any instructions from Apple, and explain the same prices by competition with each other. If the FAS proves price collusion, retailers can be fined 1-15% of all proceeds from the sale of the iPhone 6S and 6S Plus in 2015.

Russian vs Apple

On June 9, 2016, the Basmanny Court of Moscow registered the claim of Dmitry Petrov against the Irish Apple Distribution International, the Russian representative office of Apple Apple Rus, his reseller re: Store and Edgasters Pro. The plaintiff intends to oblige Apple to import parts for the repair of the iPhone into Russia in court.

In 2015, Dmitry Petrov purchased the iPhone 6 Plus smartphone from re: Store for 62.9 thousand rubles. The standard Apple warranty seemed to him little and he paid 10% of the price of the device for annual service in the Edgasters Pro service (an unauthorized Apple service center in Russia)^[23].

The owner accidentally damaged the iPhone screen after the device warranty expired, but in order to fix it, he would have to pay ~ $470. He was also offered to exchange a smartphone for a new one - for money.

Petrov filed a lawsuit against Apple, since the company violated the law of the Russian Federation on the protection of consumer rights - the manufacturer is obliged to ensure the supply of spare parts for repair during the entire service life of the product. The company's claimed iPhone lifespan is five years.

The vendor's practice in Russia is as follows: if the iPhone breaks for warranty, the Apple service center replaces it with a new one, but if the screen is damaged, the device is not repaired or changed.

In his lawsuit, Petrov asks the court: to oblige Apple to supply displays to Russian service centers, separately provide a screen for his smartphone and replace it with the joint efforts of Edgasters Pro and re: Store, compensate for the losses incurred by him and pay a penalty.

In fact, this precedent, Apple is considering the possibility of organizing repair production in Russia. This could put the corporation at $1- $2 million.

There were no official statements by the company regarding the events regarding the broken smartphone, the lawsuit and its possible consequences until July 26, 2016.

2011: MTS and VimpelCom fined for iPhone 4 prices

In 2011, the FAS checked the prices of the^[24]installed on the iPhone 4 in the retail chains of MTS and VimpelCom. As a result, the companies were fined 16 and 18 million rubles, respectively.

Notes