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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.

Senior Apple anti-fraud engineer suggests App Store checks are grossly inadequate

Apple anti-fraud engineer suggests App Store checks do not work

Internal documents released as part of the Epic Games lawsuit reveal an Apple anti-fraud engineer suggesting that App Store checks were grossly inadequate.

Epic cited two particularly damning quotes from Eric Friedman, head of the company’s Fraud Engineering Algorithms and Risk unit, in internal documents …

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Epic accuses Apple of using security as a pretext for its cut, and enabling fraud

Epic accuses Apple of using security as a pretext

Today saw the publication of court filings by both Apple and Epic Games, and in them we see that Epic accuses Apple of using app security as a “pretext” for its commission. The company also argues that Apple enables fraud by app users.

In the run-up to the antitrust trial between the two companies, both sides were required to submit documents known as Findings of Fact and Conclusions of Law. Each company presents the facts it considers relevant to the case, and the legal arguments on which it intends to rely …

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Epic v. Apple discovery details ‘Project Liberty’ scheme to skirt App Store with Fortnite

Back in August 2020, Apple removed Fortnite from the App Store after an update that bypassed the App Store’s in-app purchases system. Since then, Apple and Epic Games have been fighting in court — and now the findings of fact and conclusions of law filed by Apple with the court give us more details of what to expect from this trial.

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Scam iOS apps latest: a VPN that charges $9.99/week, uses ‘Recommended by Apple’ pop-ups

More scam iOS apps

FlickType and Fleksy founder Kosta Eleftheriou has been pretty busy over the past few months exposing scam iOS apps, some of them bringing in millions of dollars of revenue. The latest of these is a VPN app that is promoting itself as “recommended by Apple” and which is estimated to be earning a million dollars a month.

Eleftheriou highlights six eye-opening aspects of the app, which not only made it through Apple’s vetting process, but was given significant visibility in the App Store thanks to the number of (fake) reviews …

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Arizona app store antitrust bill is dead following Apple and Google lobbying

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An Arizona app store antitrust bill has been officially withdrawn, following lobbying by Apple and Google. The bill would have allowed developers in the state to bypass app store payment systems, and thus avoid the 15% or 30% commission the companies charge.

The bill was narrowly passed in the Arizona House of Representatives, but a planned vote in the state Senate did not take place, and it now appears that the bill is dead …

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Apple exec attempted to ‘physically’ block Korean antitrust probe, says regulator

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A strange report today claims that an Apple executive attempted to “physically” deter a Korean antitrust probe by an investor. It also alleges that the company hampered an investigation by the country’s official regulator.

The Korea Fair Trade Commission (FTC) says that it intends to fine Apple for obstructing its investigation, and refer the company for prosecution …

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Apple claims iOS developers can bypass the App Store by creating web apps

Apple says developers can bypass the App Store

Apple has responded to an Australian antitrust complaint by claiming that it is already possible for iOS developers to bypass the App Store.

The company says developers can use the web to sell services like subscriptions. Amusingly, the company goes on to suggest that progressive web applications are a viable alternative to iOS apps …

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Arizona App Store vote mysteriously disappeared; Apple accused of backroom deal

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Apple has been accused of doing some kind of backroom deal to prevent a vote on an Arizona App Store bill that was scheduled to happen yesterday. The vote failed to happen, despite being listed as the first item on yesterday’s Arizona State Senate agenda.

Had the bill passed, it would have made it legal in the state for developers to bypass the app stores of both Apple and Google …

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Apple dismisses Epic’s David versus Goliath portrayal; wants Australian trial stopped

Apple dismisses Epic's David versus Goliath portrayal

The Epic Games versus Apple dispute is not the David versus Goliath battle the game developer wants people to believe, said the Cupertino company: It is instead a battle of two Goliaths.

Apple asked an Australian court to rule against a trial in the country, arguing that Epic agreed to terms that clearly state that any legal challenges need to be made in California …

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Apple defends app review process following formal complaints by Epic and others

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Apple has defended the App Store app review process following formal complaints lodged by Epic Games and other developers to the Australian antitrust watchdog.

In addition to complaining about Apple’s 30% cut, Epic had told the Australian Competition and Consumer Commission (ACCC) that the app review process could delay the launch and update of apps; apps could be rejected by Apple without proper cause; and that it was hard to engage with the company when this happened …

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FlickType developer sues Apple for ‘monopoly muscle’ and failure to police App Store scams

how to download family purchases iPhone

Last month, we saw FlickType developer Kosta Eleftheriou take to Twitter to call out App Store scams with some reportedly lasting years and making millions of dollars. He later shared a detailed thread on how some developers abuse and game the App Store with fake ratings and reviews. Now Eleftheriou has filed a lawsuit with the claim that “Apple systematically flexes its monopoly muscle against potential competition through the App Store,” has breached its contract with developers, and more.

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Apple’s App Tracking Transparency policy not anti-competitive, but French investigation continues

Apple's App Tracking Transparency policy France

Update: Apple has made the following statement to 9to5Mac regarding this situation:

“We’re grateful to the French Competition Authority for recognizing that App Tracking Transparency in iOS 14 is in the best interest of French iOS users. ATT will provide a powerful user privacy benefit by requiring developers to ask users’ permission before sharing their data with other companies for the purposes of advertising, or with data brokers. We firmly believe that users’ data belongs to them, and that they should control when that data is shared, and with whom. We look forward to further engagement with the FCA on this critical matter of user privacy and competition.”

A complaint in France that Apple’s App Tracking Transparency policy was anti-competitive has seen the Cupertino company win the first round.

The country’s antitrust regulator has ruled that Apple’s decision to require apps to obtain user consent for ad tracking “doesn’t appear to be abusive.” That does not, however, end the matter …

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Comment: Apple’s failure to deliver on its App Store promise is coming back to bite it

Apple doesn't deliver on App Store promise

Apple’s failure to deliver on its App Store promise could well end up costing it dearly in its defense of antitrust investigations all around the world.

Regulators are trying to answer two questions. First, does Apple’s approach to the App Store harm developers? Second, does it harm consumers?

If the App Store lived up to the promises Apple makes, then the company would have a solid defense against the second charge. Unfortunately for the iPhone maker, that’s not really the case …

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If Spotify wins European antitrust complaint, ‘Apple’s App Store monopoly is finished’

Spotify European antitrust complaint could be critical

A noted legal expert weighing in on the various European antitrust complaints against Apple says that if Spotify wins its case, the “App Store monopoly is finished” in Europe.

It was reported last week that the European Union is “finalizing a charge sheet against Apple” in regard to Spotify complaints. Although an interim step rather than a ruling, it would shift the burden to Apple to defend itself against the charges …

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UK latest country to open App Store antitrust investigation

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Apple has faced App Store antitrust investigations around the world, from the US to Japan – and the UK is the latest to put the company’s control of iOS apps under scrutiny. The European Union currently has three open antitrust investigations into the App Store, but the UK leaving the EU means that it is no longer party to these.

The UK’s competition watchdog today announced plans to determine whether the App Store restricts competition …

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US lawmakers detail 3 ways to address Apple, Google, Facebook, and Amazon antitrust concerns

Bipartisan support for federal privacy law

The US House Judiciary Committee held a major hearing on big tech antitrust concerns last summer. That included testimony from Tim Cook, Sundar Pichai, Jeff Bezos, and Mark Zuckerberg. Now the Antitrust subcommittee has met again today and revealed more details on how legislation that could be proposed as early as this spring could aim to reform big tech like Apple.

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Apple subpoenas in Epic case are OTT, says judge, but it gets Steam data

Apple subpoenas in Epic Games case

Apple subpoenas in the Epic Games case are over the top, says a judge in the case, noting that the iPhone maker was seemingly demanding information from anyone and everyone. But he did rule that the company should get some of the Steam data it wanted in order to help understand how the games market as a whole operates.

Apple had demanded hugely sensitive Steam data to help its defense in the Epic antitrust lawsuit…

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UK iPhone owners could be due a payout from Qualcomm

UK iPhone owners could be due a payout

UK iPhone owners could be in line for a payout from Qualcomm, if legal action by a major British consumer association succeeds. Each owner of an iPhone or Samsung smartphone bought since the beginning of October 2015 could receive around £30 ($42).

Qualcomm is accused of abusing its dominant position in the modem chip business to overcharge Apple and Samsung, which then passed costs on to consumers…

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US DOJ investigating antitrust complaints regarding the ‘Sign in with Apple’ button

Sign in with Apple mistake

Apple has been facing several accusations of anti-competitive practices in multiple countries as investigations into the company’s dominant position go on. Now the U.S. Department of Justice is looking into the fact that Apple forces developers to adopt the “Sign in with Apple” button if the app has other third-party login methods.

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