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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.

Next Apple antitrust battle set to be in India; Apple lobbying against it

Next Apple antitrust battle looming | Photo shows glowing Apple logo outside a retail store

It looks like the next Apple antitrust battle will take place in India, as the country prepares its own competition law, which is closely modelled on Europe’s Digital Markets Act (DMA). We learned last week that Japan is also close to implementing its own version of the DMA.

It’s the DMA which has required Apple to permit third-party App Stores, as well as give iPhone users a proactive choice of web browser …

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Apple fights $2B antitrust fine over Spotify complaint, challenging EU in court

Apple fights $2B antitrust fine | Spotify on iPhone screen, with AirPods

Apple said back in March that it would appeal the $2B antitrust fine levied against it by the EU in respect of a complaint made by Spotify, and it is now reported to have filed its lawsuit.

It’s the latest example of the iPhone maker taking an aggressive stance against competition law on both sides of the Atlantic …

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Apple makes it impossible for developers to test third-party web engines outside the EU

Apple Safari web apps webkit macOS

Apple has made significant changes to the App Store guidelines in the European Union in order to comply with the Digital Markets Act (DMA) antitrust legislation. One of these changes allows developers to release iPhone web browsers with their own engine, but the company is making it difficult for developers to test their apps before releasing them to users in the EU.

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$7B in attempted App Store fraud blocked by Apple, says the company

Apple is continuing its PR offensive to promote the official App Store as the safest place to buy iPhone apps, after antitrust cases forced it to open up its platform to competition. It said that it has blocked more than $7B’s worth of attempted App Store fraud.

The company says that the “potentially fraudulent transactions” were detected and blocked over a four-year period from 2020 to 2023 …

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Apple looks set to lose latest court battle with Epic Games

Apple looks set to lose latest court battle | Defendant sign in courtroom

The US judge who ordered Apple to allow developers to sell apps outside of the official App Store has sharply criticized the way the iPhone maker has responded.

Epic Games went back to court to claim that Apple was not properly complying with the antitrust order, and remarks made by judge Yvonne Gonzalez Rogers indicate that she is in agreement …

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Apple will protect indie developers in Europe from the bankruptcy risk of DMA changes

Apple protecting European developers from bankruptcy risk | Hands holding out pitiful number of coins

While Europe’s Digital Markets Act (DMA) antitrust law forced Apple to allow developers to sell apps outside the company’s own App Store, there were a number of potential problems with the company’s terms and conditions – not least of which is that an unexpected viral hit could have bankrupted an indie developer.

Apple had already made a number of changes to its terms to reduce the risk, and has now added two more protections which should prevent that nightmare scenario …

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Epic plans to revive Fortnite on iPad following EU iPadOS ‘gatekeeper’ ruling

Fortnite on iPad

The impact of the EU’s Digital Markets Act (DMA) is continuing to unfold with the latest from the regulators stipulating that Apple’s iPadOS needs to follow the same new rules as iOS. With that, Epic has shared its plan to bring back Fortnite via the new EU Epic Games Store on not just iPhone, but also iPad.

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iPhone web browser choice gets one thing right, two things wrong, say developers

iPhone web browser choice | iPhone 15 models shown

Being prompted to make an iPhone web browser choice in Europe has seen an uptick in the use of third-party apps, but not everyone is happy about it.

The EU itself is investigating whether Apple’s implementation of the antitrust requirement goes far enough, and developers of third-party browsers say the process gets one thing right, and two things wrong …

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Spotify: Apple has ‘defied’ the EU by blocking latest update with pricing info [U: Apple response]

Spotify vs Apple music

Yesterday we learned that Spotify decided to pass on Apple’s new EU terms that would allow it to use alternative payment methods due to the Core Technology Fee. Instead, it submitted an app update with pricing info and details on how to subscribe outside of the App Store without giving users a link. Now Spotify says Apple has unjustly blocked the update and again “defied the European Commission”.

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Elizabeth Warren on green texts: Apple is ruining relationships

Elizabeth Warren on green texts | Screengrab with green text icon

Senator Elizabeth Warren has tweeted a somewhat bizarre one-minute video in which she says that green texts are “ruining relationships” and that this is “just one of the dirty tactics that Apple uses to keep a stranglehold on the smartphone market.”

Warren uses the to-camera piece to voice her support for the DOJ’s antitrust lawsuit against Apple, but has chosen a rather peculiar argument to do so …

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Schiller doesn’t know whether the App Store is profitable; there are no minutes of meetings

Schiller doesn't know whether App Store is profitable | Photo of meeting room

Phil Schiller has told a court in an antitrust case that he doesn’t know for sure whether the App Store is profitable, and never considered the return on investment when launching it.

He’s also explained the reason that there are very few written records of decisions made around the launch of the store is because Apple co-founder Steve Jobs felt that meeting notes were unnecessary – and the company still doesn’t record minutes for meetings between senior execs …

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Billion dollar developer lawsuit will proceed, after Apple’s objection was rejected

Apple NSO lawsuit

A UK court has ruled that a near billion dollar developer lawsuit against Apple will be allowed to proceed, after the iPhone maker attempted to get it dismissed.

The £785M ($979M) antitrust lawsuit was filed on behalf of more than 1,500 British developers, and alleges that Apple’s monopolistic control of the market for iPhone apps allowed the company to charge ‘abusive’ levels of commission on app sales …

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More people choose alternative iPhone web browsers when prompted

Choice of alternative iPhone web browsers | iPhone 15 Pro Max shown

One of the changes Apple had to make to comply with the EU’s Digital Markets Act (DMA) was to present customers with a list of iPhone web browsers during setup, and to choose the one they want. Browsers must be listed in random order, so that Safari isn’t highlighted.

We’d previously seen some indication that the new antitrust law was proving effective, and a new report today says this is true for six leading browser companies …

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EU investigating Apple’s response to Spotify complaint [U]

Apple under 4th DMA non-compliance investigation | Apple Park campus

The European Union is investigating Apple’s response to a Spotify complaint, to determine whether the anti-steering changes made by the Cupertino company are sufficient to comply.

Update: GamesFray had suggested that this amounted to a fourth DMA non-compliance investigation into Apple, but it’s now my understanding that they have misinterpreted remarks made by a regulatory risk company …

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App Store guidelines now allow game emulators; music apps in the EU can take users to an external website

Apple antitrust probe | App Store image

After the EU commission fined Apple $2 billion and announced that it’s not satisfied with the changes the company made to comply with the Digital Markets Act (DMA), Apple on Friday updated the App Store guidelines again. This time, the company is making it easier for music streaming apps to redirect users to an external website in the EU. And for the first time, Apple will allow game emulators on its platforms.

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Installing a third-party app store takes a dozen ‘irritating and scary’ screens

Installing a third-party app store | Programmable calculator and physics notes

Installing a third-party app store is now possible for iPhone owners in the EU – but it’s not exactly a quick-and-easy process.

It seems a safe bet that this is a deliberate move on Apple’s part to deter people from doing it – something which is likely to land the company in court on antitrust charges …

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EU may require Apple to let iPhone owners delete the Photos app

EU may let us delete the Photos app

A remark by EU competition head Margrethe Vestager has suggested that Apple may be required to let iPhone owners delete the Photos app.

While this possibility hasn’t previously been raised, Vestager mentioned in a brief speech that this was one of the things Apple had failed to do in its DMA response – and it would obviously involve a massive change to the way iOS works …

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Jon Stewart interviews FTC head Lina Khan, says Apple wouldn’t let him do it

Jon Stewart interviews FTC head Linda Kahn | The Daily Show promo image

Jon Stewart interviewed Federal Trade Commission (FTC) head Lina Khan yesterday, saying that he’d wanted to do it while his show was hosted on Apple TV+, but the company wouldn’t allow it.

The revelation comes after one of the (many and varied!) complaints in the DOJ’s antitrust lawsuit was that Apple was controlling content and impacting on free speech …

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