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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.

Antitrust report says tech is headed the same way as Big Pharma and Big Oil

Antitrust report compares big tech to big pharma

A new antitrust report says that unless the government reigns in tech giants, it could go the same way as Big Pharma and Big Oil, with all the power resting in the hands of very few companies.

It argues that tech companies are spending increasing sums on lobbying politicians in an effort to stave off antitrust legislation, and that this pressure needs to be resisted …

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Apple says South Korea bill to open App Store payments will undermine ‘privacy protections’

App Store

South Korea may be close to approving an amendment to its Telecommunications Business Act that would force companies like Apple and Google to allow third-party payment options in their app stores. With a final decision coming as soon as Wednesday, August 25, Apple has shared concerns about what the bill would mean for the App Store.

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Antitrust issues the single biggest threat to AAPL; execs should address today

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An analyst has suggested that antitrust issues are the single biggest threat to AAPL, and that company execs should outline plans to address the matter during today’s earnings call.

We’re expecting to hear good news today, the Wall Street consensus anticipating revenue of $72.93 billion for the quarter, which would be dramatically up on the same quarter last year

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Apple Pay versus Google Pay battle over security in Australian antitrust hearing

Apple Pay versus Google Pay battle

An Australian antitrust hearing has witnessed an Apple Pay versus Google Pay security tussle, as the iPhone maker defends its decision to use a proprietary system instead of an open standard.

Apple says it limits use of the NFC chip for payment purposes to Apple Pay for security reasons, but Google disagrees, stating its own use of an open banking standard for Google Pay is no less secure …

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UK government proposes new antitrust powers to overrule tech giants like Apple

New antitrust powers could overrule tech giants like Apple

The British government has announced plans for new antitrust powers that would give it the ability to overrule commercial decisions made by tech giants like Apple.

Apple has long held the position that it makes its own decisions in what it considers to be the best interests of its customers, and that it should not be forced by law to change its business models. However, the company has been facing global antitrust pressure on the App Store, default apps, relationships with carriers, and more …

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Epic Games antitrust case against Apple gets go-ahead in Australia as we await US ruling

Epic Games antitrust case Australia

We’re still awaiting a US ruling in the Epic Games antitrust case against Apple, but the games company has now received the go-ahead to take the same case to court in Australia.

Apple had successfully blocked legal proceedings in the country, arguing that the matter was already being decided in the US, but Epic has now managed to get that ruling overturned – at least, for now …

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Facebook-commissioned ‘study’ claims Apple’s pre-installed apps unfairly dominate the iPhone

App Store

A new study has been published that aims to show how popular Apple and Google’s first-party apps are and to specifically make the case that they limit competition as they’re preinstalled. The Verge got an exclusive look at the study that was paid for by one of Apple and Google’s biggest critics. However, Apple says the study was “seriously flawed.”

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House committee approves bill which poses significant antitrust threat to Apple

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The House Judiciary Committee has this morning approved a bill that potentially poses a significant antitrust threat to Apple.

The American Choice and Innovation Online Act would make it illegal for companies to give preferential treatment to their own products over those of competitor products hosted on the same platform. The debate began yesterday morning, and only reached a vote in the early hours of this morning …

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Opinion: Apple could have avoided the App Store mess by listening to Schiller in 2011

App Store mess could have been avoided

Apple is currently busy trying to extricate itself from an App Store mess. It’s making calls, writing letters, publishing white papers, and conducting interviews, all in an attempt to reverse the antitrust tide.

Some of the moves it is making frankly signal desperation, and it’s astonishing to me that the company missed an opportunity to enjoy a PR dream instead of its current defensive nightmare.

It’s not like Apple couldn’t see this coming – it had internal discussions about the issue a full decade ago …

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Apple continues App Store PR blitz with FastCo interview on sideloading

Sideloading PR blitz underway

Alongside a 16-page essay on why App Store protections are good and sideloading is bad, and lobbying calls to Congress by Apple CEO Tim Cook, the company’s head of user privacy is also arguing its case in a Fast Company interview.

While those in favor of third-party app stores for iOS apps argue that they would offer users and developers alike greater choice, Eric Neuenschwander suggests the exact opposite is true …

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German antitrust proceedings against Apple begin over App Store, ecosystem, and more

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German antitrust proceedings against Apple have been initiated by the Bundeskartellamt (Federal Cartel Office). The main focus is on the App Store, but the competition regulator is also examining the broader impact of the Apple ecosystem, such as pre-installed apps and the treatment of services that compete with Apple (like Spotify).

Apple is the fourth tech giant to come under investigation since a new antitrust law came into effect in January …

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Amazon Appstore copies Apple’s Small Business Program – with a twist

Amazon Appstore

The Amazon Appstore has now joined Google in following Apple’s lead in reducing commissions for smaller developers – but with an interesting twist. The Amazon Appstore is an alternative place for people to download Android apps.

Apple last year announced its Small Business Program, a clever way to reduce antitrust pressure by reducing its cut of app sales to 15% for all but the very largest developers. Google did the same this year, in a rather fairer way, and now Amazon has come up with its own twist …

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Apple ecosystem at risk from US antitrust legislation, argues analyst

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Analyst Ben Thompson believes that US antitrust legislation could put the Apple ecosystem at risk unless the company is prepared to compromise on the App Store.

The danger is that legislators may view the various ecosystem components as anti-competitive, but would be less likely to do so without the App Store playing such a central role …

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App Store could be hit by proposed ‘Ending Platform Monopolies Act’ in US House [U]

Congress

Fresh details have surfaced on new legislation that could be proposed in the US House of Representatives as soon as today that’s set to take on the likes of Apple, Amazon, Google, and Facebook. Called the Ending Platform Monopolies Act, the proposal contains a few bills including one that could regulate Apple’s App Store and more. The development comes after Congress spent almost the last year and a half investigating antitrust concerns in big tech.

Update 11:50 am PT: The new antitrust act has been officially introduced.

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One of five planned US antitrust bills targets Apple’s App Store

Five planned US antitrust bills

House Democrats are reportedly set to announce no fewer than five US antitrust bills, one of which would in part target Apple’s App Store.

The planned legislation is based on recommendations made in the 450-page antitrust report, which found that Apple was among the tech companies to engage in “deeply disturbing” anticompetitive behavior

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Siri antitrust concerns raised by EU, along with Alexa and Google Assistant

Siri antitrust concerns

Siri antitrust concerns have been expressed by businesses, says the European Union’s competition chief, with the same issues being raised about Alexa and Google Assistant. The remarks were made after a consultation process that heard from more than 200 companies over the course of a year.

Competition head Margrethe Vestager said there are four concerns…

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