The story of the controversy starts with a 10 million euro penalty imposed by the Italian Competition and Market Authority after a long and complex investigation.
The TAR rejected Apple’s appeal
Apple contested this decision, presenting an appeal to the TAR to suspend the sanction of the Guarantor and with this rejection measure, premature obsolescence was recognized as an aggressive practice to the detriment of consumers.
Recall that among the disputes brought by the Guarantor Authority of Competition and the Market to the giant of Cupertino there was that of having proposed since September 2016 with insistence to the owners of iPhone 6, 6 Plus, 6S and 6S Plus to install iOS 10 without informing them of the higher energy demands of the new OS and of the possible consequences due to the installation (such as, for example, sudden shutdowns).
Apple released iOS 10.2.1 in February 2017 to resolve the problem but without informing users that the installation would reduce the response speed and functionality of the devices.
Finally, in December 2017, Apple decided to replace the batteries at a discounted price.
Something similar happened for Samsung, sanctioned by the Guarantor for 5 million euros since, since May 2016, owners of the Samsung Galaxy Note 4 have been offered an update that the device was unable to adequately support, making expensive repairs necessary .