Apple to pay 10 million euros in Italy over iPhone throttling – loses appeal

In October 2018, Apple was involved in the iPhone performance throttling scandal. The Italian antitrust regulator “Autorit Garante Della Concorrenza e del Mercato (AGCM)” issued a 10 million euro fine to Apple after investigating a complaint about the slow operation of the device. The American manufacturer has since appealed the court decision and has been waiting for the final verdict. Well, the latest report shows that the company has lost its appeal and will have to pay the fine.

The filing explains:

The conclusion of the AGCM that the omissions and insufficient information on the batteries of the iPhones by Apple until December 2017, result to be integrated with an incorrect commercial practice pursuant to art. 22 of the Consumer Code: this conclusion is based on the observation that the disclosed omission of information, relating to one of the main characteristics of the product that affected its performance and duration, led consumers to make mistakes both in the purchase decision and, above all, in that of correct use and replacement of iPhone devices.

Apple’s 10 million euro fine consists of two parts. The first 5 million euros is the same as the fine imposed on Samsung. However, Apple has a second 5 million euro fine because it did not provide users with advice on how to properly maintain or replace the iPhone battery.

The Lazio Regional Administrative Court did not accept Apple’s appeal. Apple raised some objections in the complaint, including claims that the court did not conduct sufficient technical tests on the alleged deliberate slowdown, lack of evidence, distortion of the facts, and serious errors in the investigators’ logic.

Apple will have to pay the 10 million euro fine

Despite Apple’s protest, the court still holds on to the initial investigation report. The court says that customers have the right to know about the battery aging. This idea is correct. The court also dismissed Apple’s appeal against the regulator’s investigation and prosecution, and ultimately dismissed Apple’s overall appeal.

As part of the ruling, Apple will also have to pay the cost of the appeal judgment (7,000 euros).  After the investigation hit the public, Apple apologized and launched a plan to temporarily reduce the cost of battery replacement beyond the warranty period from $ 79 to $ 29. The company also released a software update that added battery health feature.