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I think these sorts of unpublished orders are probably the sort of thing that should be avoided in a democracy
Wholeheartedly agree.

But to be clear: As far as I understand it, it was Apple that went to court to suppress that information.
 
Headline is a bit premature. To quote the ACM's press release, emphasis mine:

"In August 2021, ACM imposed an order subject to periodic penalty payments on Apple. Apple filed an objection against this order. At the same time, Apple asked the court to suspend the order as well as publication of ACM’s decision. The part of the order that is relevant here was upheld by the court in December 2021, which meant that ACM was allows to publish that part of the decision. The other part of the order was suspended by the court until after the objection process, and ACM cannot publish this part. It then took a while before Apple finally complied with the cleared part of the order. (...)

👉 The procedure regarding the objection against ACM’s full order is still ongoing." 🤡


So yeah... they're satisfied with the part of the order that they could publish and that Apple has finally satisfied.
We're still waiting for chapter 2 regarding the yet unpublished other part of the order that will be drawn out in court.
I believe the second part is about the 30% cut. "The legal framework in the Netherlands is such that the target of an ACM decision can block the agency not only from enforcing but additionally from publishing parts of a ruling until a final court ruling on the respondent's appeal. The complainant(s) may know what's in the ruling, but wouldn't be allowed to talk about it."
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