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Apple sued by Portuguese reseller for 40 million EUR

Posted: , by Alan F.

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Apple sued by Portuguese reseller for 40 million EUR
"Apple arrived in Portugal in 2007 and the following year, usurped the distribution channels that were assembled by Interlog for over 20 years, taking over from our distributors."-Taboada & Barros, Apple distributor in Portugal
A few days ago there was talk that Apple would be sued by a consumer rights group in Portugal over the wording of its AppleCare warranty service. As if that wasn't enough courtroom drama for the Cupertino based tech titan in the country, it turns out that an IT reseller and distributor by the name of Taboada & Barros was already suing Apple for 40 million EUR (approximately $49 million) for unfair trade practices and price-fixing.

Portuguese language blog iPhone Tuga, passing along information gleaned from the Weekly Sol says the action by Taboada  & Barros dates back to February, but was only made public now in light of the Portuguese Association for Consumer Protection (DECO) case with AppleCare. In Italy, Apple had lost a similar case about its warranty and was fined $1.2 million. The litigation has no such precedent.

An Taboada & Barros store in Portugal where Apple devices are sold

An Taboada & Barros store in Portugal where Apple devices are sold

Taboada & Barros
controls a large Apple distributor called Interlog which claims that Apple intentionally limited the amount of products to be distributed by third party firms resulting in Intelog's failure. At the same time, Apple was getting more involved in the country. For online sales, Apple has its own dedicated site but relies on third party resellers for physical sales.

A post on Portugal business news site Economico from May 2011 revealed how back then, with Interlog having failed and no further Apple iPhones or Apple iPads getting shipped into the country, some retailers were saying that they had unfilled orders for devices like the Apple iPad. Weekly newspaper Sol passed on the word from a source at Taboada & Barros  that in addition to limiting the amount of new product to go to third parties, Apple renegotiated the margins that third party resellers could earn from 12% down to 4%, in effect cutting resellers profits by two-thirds on Apple devices. The source said that, "Apple unilaterally established products, prices and quantities to be sold to large retailers." Both the huge cut in margin and the lost sales make up the 40 million EUR that T&B is asking for in the suit.

As for Apple, it would seemingly like to control the bulk of sales in the country of Apple products. Right now, thanks to its website it controls online sales. Physical sales might be next. Limiting supply and cutting resellers' margins are doing the trick, but a Portuguese Court might put the kibosh on the whole scheme. Only time will tell.

source: iPhoneTuga via  TechCrunch

63 Comments
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posted on 22 Jul 2012, 04:49 4

1. serious9010 (Posts: 254; Member since: 20 Jul 2012)


I bet the suing happens all the time and that all companies get involved. It's just that when it comes to Apple, the articles will be more popular since they cause all the fandroids an erection. It's like the Foxcon case where some fandroids still think Apple is the only company using it.

posted on 22 Jul 2012, 04:59 2

2. serious9010 (Posts: 254; Member since: 20 Jul 2012)


go ahead fandroids, thumb me down. I cannot find a f*** to give.

posted on 22 Jul 2012, 05:09 29

5. ilia1986 (unregistered)


And of course - you believe that Apple should be treated just like any other tech company, right? I mean none of us should be outraged of the fact that in the entire history of consumer electronics - it is Apple which banned 2 competitor's products.

So yeah - whatever Apple got slapped with - they more then deserve it.

We will not forget the ban of the Galaxy Nexus and the Galaxy Tab. Never ever.

posted on 22 Jul 2012, 08:39 19

21. -box- (Posts: 3566; Member since: 04 Jan 2012)


I'm not a "fandroid" and I thumbed you down for being verbally narrow-minded in your outspokenness and not having anything useful or constructive to contribute to the discussion.

Have a nice day.

posted on 22 Jul 2012, 11:33 1

28. thedarkside (Posts: 651; Member since: 30 Apr 2012)


BAZINGA!

posted on 22 Jul 2012, 12:03 3

33. serious9010 (Posts: 254; Member since: 20 Jul 2012)


@ilia1986. hahaha you write with so much patriotism and emotion it's pathetic. I lol'd so hard when you said "we will not forget...never ever" as if you were talking about the war in Bosnia.They're just phones. Relax, sheep ;)

posted on 22 Jul 2012, 12:28 8

37. thedarkside (Posts: 651; Member since: 30 Apr 2012)


i dont think ilia is a sheep, but i do think youre an idiot.

posted on 22 Jul 2012, 12:24 2

34. cptbeatstix (Posts: 101; Member since: 19 Jul 2012)


I find it funny that he is talking crap about "Fandriods" and he has an android avatar.

posted on 23 Jul 2012, 00:21

58. jroc74 (Posts: 3978; Member since: 30 Dec 2010)


lol....Exactly.

posted on 22 Jul 2012, 12:25 1

35. cptbeatstix (Posts: 101; Member since: 19 Jul 2012)


Umadbro?

posted on 22 Jul 2012, 12:54 1

40. serious9010 (Posts: 254; Member since: 20 Jul 2012)


We will not forget hahahahahah.. still so funny :'D

posted on 22 Jul 2012, 13:02 1

41. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


P o s

posted on 22 Jul 2012, 13:50 2

42. ilia1986 (unregistered)


Troll reported

posted on 22 Jul 2012, 16:39

48. serious9010 (Posts: 254; Member since: 20 Jul 2012)


So I'm a troll because I've hit your soft spot with my opinion? Give me a break. I reported you as well, by the way ;)

posted on 22 Jul 2012, 19:11 2

51. Mario1017 (Posts: 336; Member since: 04 Sep 2011)


You are so immature its pathetic.. you must really have both no life and no sense of humor to find him saying "we will never forget." Sure it sounds a but dumb but for you to laugh at it so hysterically is...no words can even describe. Lol and reporting cuz he called u a troll? Just curious, how old are you?

posted on 22 Jul 2012, 22:16

56. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)


why you always invite us to thumb you down?

posted on 23 Jul 2012, 02:19 1

63. serious9010 (Posts: 254; Member since: 20 Jul 2012)


us? tell me more about your army, joey ;)
I'm outta here, phone arena is infested with fandroids. I just wanted to say, that I disagree with placing the blame only on Apple, that's all. Good day, ladies :)

posted on 22 Jul 2012, 05:16 22

7. fost4real (Posts: 26; Member since: 29 Dec 2011)


You do not understand the issues. wakeup my friend. Apple sue companies for producing devices in rectangular shapes does that make sense to you? they also sue in the name of touch screen gestures and claim they own it. Things that existed way back before they started implementing. No one sued them for copied notification bar from android bcos we believe in innovations and fair competition.

posted on 22 Jul 2012, 19:35 1

52. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)


i do not believe google has a patent on the notification bar… and you dont see apple suing asus or anything-- only samsung because they blatantly copied apple

just look up the smart cases for the tab and the smart cover for the pad-- direct copies

posted on 23 Jul 2012, 00:31

59. jroc74 (Posts: 3978; Member since: 30 Dec 2010)


A couple of things:

1. Apple sued Motorola for the XOOM.....There should be nothing more said after that....The ONLY place the XOOM looks like an iPad is the black screen borders...if that.

2. Bringing up Smart cases....when the idea and product was done first by Incase....is not good. And I just thought of thing:

Apple doesnt like it when another company copies an idea they copied. I guess Apple wants the be the only company that copies someone..If one was to really look back and do research....you will see Apple is just as guilty of copying as others.

posted on 23 Jul 2012, 02:16 1

62. willard12 (Posts: 549; Member since: 04 Jul 2012)


So you're saying that apple is a patent troll and Google isn't. Is this question about copying or patenting? You all but acknowledge apple blatantly copied the notification bar and excuse them because there is no patent. Then go on to mention the smart cover...which wasn't even made by Samsung. I guess the slide to unlock patent suits are great to you also.

posted on 22 Jul 2012, 05:21 15

9. SleepingOz (Posts: 2475; Member since: 22 Oct 2011)


Karma is a b*tch, deal with it!

posted on 22 Jul 2012, 10:09 2

24. iWorld (Posts: 84; Member since: 05 Jul 2012)


Thermonuclear war has begun now every electronic industry is going to be dragged to the war

posted on 22 Jul 2012, 11:57

32. Trdae.Mark (banned) (Posts: 1; Member since: 22 Jul 2012)


Really good news.... Apple should ev got fined 600 million!
that deadly evil fruit, banning every-one. take that. wishing more to come .

posted on 22 Jul 2012, 05:05 11

3. srdjav (Posts: 3; Member since: 18 Mar 2012)


49 million EUR is $59 million...

posted on 22 Jul 2012, 05:12 1

6. SherlockHolmes (Posts: 125; Member since: 10 Apr 2012)


They wanted to say 40 million Euro = 49 million U.S.D.

posted on 22 Jul 2012, 20:38 1

54. jimjam (Posts: 228; Member since: 28 Jun 2011)


It is all pennies to apple

posted on 22 Jul 2012, 05:07 9

4. JunkCreek (Posts: 379; Member since: 13 Jul 2012)


No, not really, it is come to Apple since they sued others because of it's looks not because of how it's using the code nor using program language. Other's sue because of it's name being used without permissions, same coded of trade mark function or using program language that used exclusively.

Sorry for my bad english, I live in Indonesia and rarely using English.

posted on 22 Jul 2012, 08:42 5

22. -box- (Posts: 3566; Member since: 04 Jan 2012)


And yet your comment is more sensible, better thought out, and stated more understandably than many on the internet. Kudos.

posted on 22 Jul 2012, 11:35 1

29. thedarkside (Posts: 651; Member since: 30 Apr 2012)


agreed, kudos to you friend. if you didnt have that last line on here i would expect you to be from the states. go you!

posted on 22 Jul 2012, 23:02

57. JunkCreek (Posts: 379; Member since: 13 Jul 2012)


sorry everyone, i used to reply to serious9010, instead of New Reply. Heheh. 4gift me

posted on 22 Jul 2012, 05:16 6

8. phil2n (Posts: 466; Member since: 30 Apr 2012)


i$$$ against the world.
I remember bin ladden in mentioning apples name

posted on 22 Jul 2012, 05:22 8

10. ilia1986 (unregistered)


He forgot to turn off location services

posted on 22 Jul 2012, 10:22 3

25. mambocream (Posts: 27; Member since: 10 Jun 2011)


Best. Comment. Ever.

posted on 22 Jul 2012, 05:29 5

11. FrostyDanny (Posts: 90; Member since: 15 Jul 2012)


All the other companies should band together and stop Apple from their bulls**t the phone and tablet industry would be stronger without them

posted on 22 Jul 2012, 05:32 2

12. ilia1986 (unregistered)


I agree. We would see then a lot more products which emphasize functionality, instead of delivering lackluster stuff in a pretty package.

posted on 22 Jul 2012, 06:33 4

14. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


No dude the phone, and tablet industry would be heavily damaged without them. Your looking at it from an I hate apple stand point, in other words as a consumer. From a business stand point apple is too important to the tech world, and the general economies of the countries it's sold in. Ask yourself would they really be better off.

posted on 22 Jul 2012, 06:39 3

16. ilia1986 (unregistered)


Apple sacrifice functionality in favor of strict code of product design. The answer is yes.

posted on 22 Jul 2012, 08:16 5

19. Cerberusa2a (Posts: 33; Member since: 24 May 2012)


Heres the thing. Companies need competition, or else they get lazy and pump out the same old stuff with just a little tweek... sound familiar? Now that apple has competition they are scared and are not sure what to do. So they try and ban and sue competition so they dont have to think about the next great thing. This is what pisses people off not just because they are fandroids

posted on 22 Jul 2012, 08:47 2

23. -box- (Posts: 3566; Member since: 04 Jan 2012)


Considering how the economy worldwide (not the world economy) was 10-15 years ago (before apple's resurgence led by a copycat mp3 player and poorly-designed but "fashionable" fruit-box imacs) I think the world was better off without them. Chinese factory workers certainly were.

posted on 22 Jul 2012, 11:48

30. thedarkside (Posts: 651; Member since: 30 Apr 2012)


i had this three paragraph thing written out and it didnt post.

darkjedii is right though. the best way to stick it to apple is for companies to make high quality devices, advertise as such, and have the functionality so smooth that if you were to look "smooth" up in the dictionary youd see a picture of a 1970 hemi cuda convertible and that said device.

i hope somebody gets the hemi cuda reference. any motorheads out there? lol

posted on 23 Jul 2012, 00:48

60. jroc74 (Posts: 3978; Member since: 30 Dec 2010)


I think we may give Apple too much credit for what we have today....

Look back at products that were being developed around the time the iPhone and iPad were being developed. Even at products that came before either one.

I give Apple credit for taking chances, risks. I believe Microsoft, LG, and Nokia coulda been in Apple's shoes if either:

They woulda got products done sooner.
Had the balls to go forward with what they had.
Had better marketing and execution.

Perfect examples of this is the LG Prada phone. Also the Surface table by MS. Shrink it down to tablet form....and there you go. Then that story recently about Nokia and a phone that woulda been all touch screen before the iPhone.

I dont think the phone and tablet industry would be heavily damaged without them. Things mighta took longer to get to where we are today, if not for Apple taking risks and gambles. But we woulda still got to where we are today. We gotta recognize other companies are just as innovative as Apple.

posted on 22 Jul 2012, 06:10 2

13. jackhammeR (Posts: 1548; Member since: 17 Oct 2011)


If apple won they should invest this hefty amount of money in R&D and quit sueing everyone around.

posted on 22 Jul 2012, 11:49

31. thedarkside (Posts: 651; Member since: 30 Apr 2012)


that would be the perfect world.

posted on 22 Jul 2012, 12:27 1

36. cptbeatstix (Posts: 101; Member since: 19 Jul 2012)


But will never happen. It is Apple we're talking about.

posted on 22 Jul 2012, 12:29

39. thedarkside (Posts: 651; Member since: 30 Apr 2012)


truth.

posted on 22 Jul 2012, 06:35 9

15. anywherehome (Posts: 971; Member since: 13 Dec 2011)


Dear Apple, die you rotten and immoral company....

posted on 22 Jul 2012, 07:43 6

17. sid07desai (Posts: 237; Member since: 03 May 2012)


what goes around comes around...

posted on 22 Jul 2012, 07:47 4

18. Cerberusa2a (Posts: 33; Member since: 24 May 2012)


...in the time It to me to read these posts apple probably made 50 million. I was a fan of apple,I have a iPod...but I will no longer use it nor will I ever take apple serious again just because they think their sh*t doesn't stink. I just wish apple fans would be a little outraged also, but sheep only follow the leader.

posted on 22 Jul 2012, 08:21 4

20. darktranquillity (Posts: 284; Member since: 28 Feb 2012)


Apple=evil

posted on 22 Jul 2012, 10:53 1

26. TMach (Posts: 331; Member since: 29 Dec 2011)


I do not believe that banning Apple would improve things as iFruit does stimulate competition, regardless of its lacklustre stuff in a pretty package. And that is precisely the point, we, as consumers, need the competition so we can enjoy better products. Apple, on the other hand, needs to get this into their collective thick skulls and understand that what we do NOT need is the stupid litigation to try to stop your competitors and progress.

Competition NOT litigation, I say to Apple! You are fostering the litigious culture and customers want choice and not to be limited to your pretty but uninspiring devices!

posted on 22 Jul 2012, 11:28 1

27. darkkjedii (Posts: 9280; Member since: 05 Feb 2011)


The answer is no, and the reality is no cuz there not going anywhere so get used to it.

posted on 22 Jul 2012, 12:28 2

38. DOGIEFRESH (Posts: 302; Member since: 15 Jul 2009)


Apple has enough money to buy all the android manufacters combined and make it finally work well with the updates and erase the fragmentation forever......!!!!

posted on 22 Jul 2012, 14:03 1

43. networkdood (Posts: 5518; Member since: 31 Mar 2010)


If that were to happen, it would be the end of civilization....
Glad to see that you do not like freedom of choice, enjoy your iNFERIOR phone.

posted on 22 Jul 2012, 14:09 1

44. thedarkside (Posts: 651; Member since: 30 Apr 2012)


SILENCE!!! I KILL YOU!!!

posted on 22 Jul 2012, 15:22 1

45. ojdidit84 (Posts: 190; Member since: 16 Jul 2011)


I see what you did there... :D

I just hope you don't have a hand up your butt too... >.>

posted on 22 Jul 2012, 15:43

47. thedarkside (Posts: 651; Member since: 30 Apr 2012)


negatory ghost rider.

posted on 22 Jul 2012, 21:51

55. Aeires (unregistered)


Apple doesn't have even a close amount to buy Samsung, nice try though.

posted on 23 Jul 2012, 00:54

61. jroc74 (Posts: 3978; Member since: 30 Dec 2010)


Has fragmentation hurt the desktop industry?

Apple, MS and Android all have some form of fragmentation now.

About updates....Apple doesnt need to buy the manufactures for that to get better. Either there needs to be all stock Android devices....or manufactures need to make their UI's more like widgets and apps instead of entire frameworks.

Look how Motorola made the ICS update for the RAZR, Maxx almost like stock ICS...but yet has Blur elements in it here n there. They are going in the right direction at least.

posted on 22 Jul 2012, 15:30

46. Roomaku (Posts: 278; Member since: 06 Feb 2012)


Oh Apple you crazy company, what did you get yourself into this time!

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