Apple and Samsung have found themselves in hot water in Italy as its government’s antitrust unit is investigating both companies too see if they purposely designed software to run slow on their respective devices.

The antitrust unit, Autorità Garante della Concorrenza e del Mercato or AGCM posted a statement on their website explaining it will investigate whether or not the companies aimed at exploiting the shortcomings of some components to reduce the performance of their products over time making customers purchase the exact same product.

The AGCM will also see if Apple and Samsung released software updates without letting consumers that those updates could slow down their phones.

Both of these actions violate a number of articles of Italy’s Consumer Code.

Today, Apple CEO Tim Cook apologised to consumers over his company acknowledging older iPhones run slower and has said new software will be available in March so users can have full access to how their battery is progressing.

The AGCM made no mention of the current problem with older iPhones running slower than the newer devices.