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There are growing concerns that Apple could be facing an anti-trust investigation by the US Department of Justice.

Apple faces antitrust worries

What does antitrust mean?

In most jurisdictions around the world, it is illegal for large companies to band together to form agreements or “trusts” to behave in a particular way – for example, to all sell their products for the same high price. Laws designed to outlaw this type of behavior are called antitrust legislation.

However, the term is used more generally to refer to laws designed to prevent companies from engaging in any kind of anti-competitive action – that is, do anything that would tend to artificially distort competition within a market.

One common myth is that antitrust laws only apply to monopolies. This is very much not the case: They apply to any company large enough to have a dominant position in any market. As we shall see below, the definition of the word “market” can be crucial to deciding whether antitrust concerns arise.

Why is Apple facing antitrust investigations?

First, Apple is a very large company, and it would be very easy for a company of that size to commit antitrust violations, so it is to be expected that any massive corporation would be put under the antitrust microscope.

But in Apple’s case, there are some more specific concerns based on the company”s market dominance in particular areas. These are addressed below.

What are the antitrust concerns with Apple?

There are a number of different ones, in areas as diverse as ad tracking and Sign In With Apple, but here are three of the main ones.

The App Store

The biggest antitrust concern is the App Store.

Apple argues that it does not have a dominant position in this market, as it considers the relevant market to be either “smartphones” or “apps.” Since the company holds a minority share of the smartphone market in most of the countries in which it operates, it believes it cannot be considered to have a dominant position.

Competition regulators tend to take the view that the relevant market is “iOS apps,” and here Apple has a 100% monopoly on their sale and distribution. Edge cases aside, there is no way for a developer to bring an iOS app to market without selling it through the App Store.

Companies like Epic Games argue that they should be allowed to sell in-app purchases without Apple taking a cut of their revenue. The argument here is that Apple harms developers by taking part of their income, and consumers by forcing developers to charge more to make up for Apple’s cut. Apple, in response, says that it is perfectly normal for a company to take a cut of the sales it facilitates.

Default apps

Additionally, some companies accuse Apple of anti-competitive behavior by giving its own apps advantages over third-party ones.

One way that Apple does this, they say, is by pre-installing its own apps. For example, when the Apple Weather app is already installed on an iPhone when you buy it, then Apple’s own app has an obvious advantage over a competing app.

There is overlap here with the App Store concerns. For example, Apple Music and Spotify are competitors, but not only is Apple Music preinstalled, you can subscribe from within the app. If Spotify offered this same ability, it would have to pay Apple a 30% cut. Spotify can’t afford this, so users are forced to take a more long-winded route to subscription, which gives Apple Music an additional competitive advantage.

Relationships with carriers and retailers

Apple has also been found guilty in more than one country of exploiting a dominant position within the smartphone market to place undue demands on carriers and retailers.

Because the popularity of iPhones meant carriers had to sell them, Apple was able to dictate terms. In South Korea, for example, it was accused of imposing three onerous conditions on local carriers:

  • Carriers had to buy minimum quantities of each model, dictated by Apple
  • Carriers had to share the cost of warranty repairs or replacements
  • Carriers had to pay to run Apple’s own TV ads for the iPhone

Budget-focused carriers might, for example, want to buy only older and cheaper models, as that’s what their customers want, but Apple would force them to buy flagship models, too. And if a phone proved faulty, Apple wouldn’t just replace it, but would oblige carriers to meet some of the costs. Finally, although carriers had to pay the full cost of running iPhone ads on TV, they were only allowed to use Apple’s own ads, and the only thing they were permitted to change was adding their own logo to the final frame.

Additional areas of concern range from Apple Pay to a 4K video codec alliance!

What could happen to Apple as a result?

Antitrust outcomes will usually happen on a country-by-country basis, though there are exceptions. In Europe, for example, it is likely that the European Union will act as a bloc, and that any legislation applying to Apple will apply across all 27 member countries.

The worst-case scenario for Apple is for the US government to call for the breakup of the company. For example, it might be ruled that Apple Inc cannot run an App Store while also selling the iPhones on which those apps run. This is not a likely outcome, however.

A more likely scenario is a series of smaller changes. For example, Apple might be required to appoint an independent oversight board to carry out app reviews, or that it must allow Spotify to offer in-app subscriptions without taking a cut.

How is Apple responding?

In public, Apple’s stance is an outraged one, arguing that it does not have a dominant position and is doing nothing wrong. Behind closed doors, the company is aware that it either has to change some of its practices, or be forced to do so by law.

For example, while publicly declaring that a 30% commission on apps was industry standard, Apple made a massive U-turn by introducing the Small Business Program, with a 15% commission instead. Although touted as applying to the smallest developers, it in fact applies to 98% of them. It would be more accurate to say that the App Store now has a standard commission rate of 15%, with a higher 30% rate applying only to a tiny minority of companies.

The company has also quietly made a number of other changes in direct response to antitrust concerns, for example, opening up the Find My app to third-party accessories, and allowing people to change their default email app and web browser.

However, Apple is still sticking its head in the sand and hoping the issue will go away – when it absolutely won’t.

App Store monopoly claim rejected by federal court; reasoning is a strong win for Apple

App Store monopoly claim rejected by federal court

A class action lawsuit alleging that Apple has an App Store monopoly has been rejected by a federal court judge, in a 34-page ruling.

Part of the ruling essentially said that the plaintiffs did a poor job in stating their case, but another element potentially puts Apple in a strong position when it comes to defending other antitrust cases against the App Store …

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Tech giants like AAPL will outlast old-school industrial conglomerates – WSJ

Apple will out-last old-school industrial conglomerates – WSJ

The breaking up of a bunch of old-school industrial conglomerates is leading some to question the very long-term prospects of the “new conglomerates” – tech giants like Apple, Amazon, Facebook, and Google.

But a piece in the WSJ argues that they have two advantages over companies like General Electric, which could see them last even longer …

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European antitrust legislation plans confirmed to include Apple, after earlier doubts

European antitrust legislation confirmed to include Apple

An agreement has finally been reached on the scope of planned European antitrust legislation. It was previously unclear whether or not Apple would be included in the companies targeted, but it has now been confirmed that the definition will be broad enough to include the iPhone maker.

There had been significant disagreements about the appropriate targets for the EU’s planned Digital Markets Act (DMA). Some wanted it to be laser-focused on social networks like Facebook and Twitter, while others wanted it to target the very largest tech companies …

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Apple secretly buying ads for their apps, say big developers – and they aren’t happy about it [U]

Apple secretly buying ads for apps

Update: Apple has addressed this and said it is standard practice, and that it regularly communicates with developers about it.

Major developers have accused Apple of secretly buying ads for their apps. While that might sound like an odd complaint, they say that the company’s motive is greed, and the effect is to cost them money.

Apple is said to be costing them millions of dollars …

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$1.3B Apple antitrust fine was politically motivated, claims company lawyer

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A $1.3B Apple antitrust fine levied by the French petition regulator was politically motivated, claims a lawyer for the Cupertino company. She said the regulator set out to “grab a GAFA” (Google, Apple, Facebook, Amazon) in order to be seen to be taking on Big Tech.

The fine was based on Apple being found to prevent competition among resellers by freezing out some, and forcing others to sell at the same prices as the Cupertino company …

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Latest Apple antitrust case could lead to large fine in Russia

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The latest Apple antitrust case could see the company face an unspecified fine in Russia. This follows the company failing to meet a September deadline for allowing app developers to tell customers about alternative payment options.

While the potential size of the fine is not specified, the wording implies that it could be significant …

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Europe can’t agree on how to regulate tech giants like Apple and Google

The question of how to regulate tech giants has been high on the agenda for most countries around the world, but a new report today says that Europe is struggling to answer it.

The European Union has been working on its plans for several years, and appeared to have reached some kind of consensus last year – which would include limiting Apple’s powers in regard to the App Store, and could also place limits on its ability to acquire companies.

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Apple Japanese antitrust investigation opens, six weeks after another one closed

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An Apple Japanese antitrust investigation was closed last month, when the Cupertino company made a major concession. But just six weeks later, a new antitrust investigation has been opened in Japan, into the market dominance of iOS and Android.

The news comes on the same day that the Dutch antitrust authority found Apple’s in-app payment arrangements to be anti-competitive …

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App Store third-party payment plans must be revealed next month, says Korea

App Store third-party payment plans must be revealed

A new antitrust law in South Korea will force both Apple and Google to support app store third-party payment options – and the two companies have now been given to the middle of the month to explain their plans to comply.

This could have wide-ranging implications, as similar pressures are being applied in other countries, and Apple is likely to want to adopt a consistent approach around the globe. Whatever the company proposes in October could reveal its third-party payment plans worldwide …

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iCloud terms and conditions may be illegal, says Italian antitrust regulator

Italian regulator says iCloud terms and conditions may be illegal

The Italian antitrust regulator has found that Apple’s iCloud terms and conditions are unreasonable and unfair to consumers, and may breach consumer protection laws. It’s the latest in a long line of antitrust investigations and lawsuits faced by the Cupertino company.

An investigation and public consultation was carried out following complaints, and a number of Apple’s terms were considered unlawful.

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Apple’s antitrust arrogance is dangerous and damaging, says high-profile investor Roger McNamee

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A high-profile activist investor has said that Apple’s antitrust arrogance is dangerous from a regulatory perspective, and damaging to the company’s reputation.

Roger McNamee – who has been described as an important adviser by both Bill Gates and Mark Zuckerberg – says that if Apple doesn’t compromise, it will be regulated, and won’t like the result…

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Apple’s minimal App Store changes will have minimal financial impact – Morgan Stanley

Apple's minimal App Store changes will have minimal financial impact

Apple continues its drip strategy of making minimal App Store changes in response to each individual antitrust threat it perceives – and Morgan Stanley analyst Katy Huberty unsurprisingly expects recent developments to have minimal impact on the company’s bottom line.

In a note to investors, Huberty looks at four recent antitrust developments, and estimates the likely hit to Apple’s financial performance …

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Spotify CEO says Apple’s App Store sign-up changes are the ‘right direction’ but still unfair

One of Apple’s biggest critics when it comes to the App Store is Spotify. And shortly after the news broke about Apple allowing developers to tell customers about options to sign up and manage subscriptions outside of the App Store, Spotify’s chief legal officer and the founder/CEO have spoken up about their take on the changes set to arrive in 2022.

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As Apple antitrust case ends in Japan, a new one opens in India

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A new Apple antitrust case has been opened in India, the day after another one ended in Japan. Both cases relate to Apple’s cut of App Store sales.

Apple made a fairly major concession in order to close out the Japanese investigation, albeit one that will apply to a limited number of developers, but the Indian case poses a bigger challenge …

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Apple’s lobbying spend in Europe 4th highest; tech outspends pharma and oil

Apple's lobbying spend in Europe

A new report reveals Apple’s lobbying spend in Europe, and notes that tech giants spend more on trying to influence European legislation than any other sector. This includes both pharma and oil industries.

The biggest European legislative threat to Apple is the Digital Markets Act, which could force Apple to open up its App Store to third-party payment platforms, allowing developers to avoid the Cupertino company’s 15% or 30% cut …

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App Store payment platform monopoly ending in Korea; other countries likely to follow

App Store payment platform monopoly ending

Apple’s App Store payment platform monopoly is ending in South Korea after an antitrust law was passed, affecting both the iPhone maker and Google. This is expected to encourage other countries to enact similar laws.

Currently, the App Store is the only way for developers to sell iOS apps, and they are not allowed to direct users to any third-party payment platform within their apps. That will now change …

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Apple’s App Store commission to unravel in Korea; analyst says US could follow

Apple's App Store commission to unravel in Korea

Update: Bloomberg tech reporter Sohee Kim tweeted that the vote has been postponed due to extra time needed for a separate bill designed to tackle ‘fake news.’

Apple’s App Store commission is under threat from a new antitrust law in Korea that is “almost certain” to get the necessary votes today.

It would allow developers to choose their own payment platforms, and avoid the 15% or 30% cut they currently have to pay to Apple for app sales and in-app purchases.

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Comment: Apple’s App Store changes are the least it could have done – literally

Apple's App Store changes

Apple’s App Store changes, announced yesterday, succeeded in settling a lawsuit – but do nothing to offer the company any protection against the far bigger threat of antitrust legislation.

Apple wants to give the impression that it has addressed one of the key antitrust concerns, something known as anti-steering, but it hasn’t really. The company literally did the absolute least it could have done …

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