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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.

Apple’s 27% response to the Supreme Court decision is baiting antitrust regulators

Apple response to the Supreme Court | Judge's gavel on US flag

The US Supreme Court yesterday decided that the original ruling in the Epic Games case should stand – and Apple’s response to the antitrust ruling has been uncompromising, to put it politely.

The company’s announcement that it will allow external payments but still claim a 27% commission on sales made outside the App Store is effectively Apple giving the middle finger not just to Epic Games – which may be understandable – but also to the court which made the original ruling, and to antitrust regulators …

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Epic to contest Apple’s ‘bad-faith’ compliance plan following Supreme Court ruling on App Store

Tim Cook and Epic CEO Tim Sweeney

After a long legal dispute, the US Supreme Court ruled today that Apple will have to relax some of its App Store policies. More specifically, the company now has to let developers offer alternative payment methods. Still, Epic Games CEO Tim Sweeney isn’t happy with the final terms and says the company will contest Apple’s “bad-faith compliance plan.”

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Apple tells EU it has five different App Stores, not just one

Five different App Stores | App icons depicted as physical building blocks

While Apple is making behind-the-scenes preparations for allowing third-party app stores to comply with Europe’s antitrust requirements, the company is continuing to make arguments about why it shouldn’t have to.

Latest among these is the suggestion that the App Store shouldn’t be viewed as a ‘platform’ as the company actually operates five different app stores …

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US antitrust case against Apple’s App Store exclusivity is ‘firing on all cylinders’

US antitrust case against Apple's App Store | 3D representation of App Store logo

The US antitrust case against Apple’s App Store exclusivity is “firing on all cylinders” according to the head of the Department of Justice unit responsible for policing breaches of competition law.

The implication is that Apple may soon be forced to allow third-party app stores and/or sideloading in the US as well as in Europe …

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Japan prepares regulation requiring Apple to allow sideloading in iOS

Apple App Store sideloading iOS

As the Digital Markets Act antitrust law passed in the European Union, Apple has until March 2024 to let users in Europe install iOS apps outside the App Store. Although Apple has yet to say a word about how it will do this, regulators around the world have also been considering applying the same demands to the company – and Japan could be the next country to do so.

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Department of Justice investigating Apple blocking Beeper; FTC too

DOJ investigating Apple blocking Beeper | Police car

The Department of Justice (DOJ) is carrying out at least a preliminary antitrust investigation into Apple blocking Beeper, the unofficial app which gave Android users access to iMessage. The Federal Trade Commission (FTC) also appears to be “evaluating” Apple’s actions.

Today’s report follows a call for a DOJ investigation by a bipartisan group of senators, and Bleeper’s announcement that it has now given up any hope of keeping the app working …

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As Beeper Mini broken for most, lawmakers call for antitrust investigation

Beeper Mini broken, call for antitrust investigation | App shown on Android phone

Our sister site 9to5Google yesterday reported that Beeper Mini is now broken for most users – no longer allowing Android users to send and receive iMessages – after Apple took further steps to block the app.

A bipartisan group of lawmakers is now calling on the Department of Justice to look into whether Apple’s action against the app amounts to “potentially anticompetitive conduct” …

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With third-party app stores on the horizon, Apple is working on keeping developers loyal

Apple working to fight third-party app stores | PUBG game on iPhone

We’re likely less than six months away from the launch of third-party app stores on the iPhone – at least in Europe – and Apple’s plans for this appear to be advancing.

We’ve already noted that most consumers are unlikely to switch from the official App Store, unless they are given good reason to. But Apple also needs to keep developers loyal to the platform, and a seemingly small piece of news over the weekend likely revealed how the company intends to go about this …

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App Store anti-steering ban would be consumer-friendly, with little risk to Apple

App Store anti-steering ban | Steering wheel of Ford Mustang

We learned yesterday that the European Union looks set to impose an App Store anti-steering ban on Apple. That is, Apple would no longer be allowed to prevent Spotify and other music services from linking to their own company’s website for subscription sign-ups.

The ruling we’re expecting is a narrow one, in response to a complaint filed by Spotify almost four years ago now, and will likely only apply to streaming music services. But the principle is a sound one, and is unlikely to pose any great risk to Apple …

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Threads launched in EU countries; no Instagram account needed to browse

Threads launched in EU countries | App shown on smartphone next to laptop

Social network Threads has now launched in EU countries, with Meta CEO Mark Zuckerberg noting that this now opens it up to an additional 448M people. The company first teased this last week.

EU citizens will also be able to browse Threads without having to create an Instagram account – a move likely intended to placate antitrust regulators …

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Epic Games victory against Google puts Apple back under App Store pressure

Epic Games victory against Google | Businessman celebrating a win against city backdrop

Yesterday saw an Epic Games victory in its court case against Google, a jury finding that the Play Store was indeed operated in an anti-competitive fashion.

This is despite the fact that Epic mostly lost a near-identical case against Apple back in 2021. The differing conclusions in the two cases puts Apple back under pressure …

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Microsoft could offer one of the first third-party app stores on iPhones

Third-party app stores | Microsoft Xbox store shown

It was confirmed back in September that Apple will need to comply with antitrust requirements relating to app sales, and it seems most likely this will require the company to allow third-party app stores on iPhones. Microsoft has now indicated its intention to run one of these.

One key driver for the plan is likely Microsoft’s $69 billion acquisition of mobile gaming giant Activision Blizzard …

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Apple’s RCS announcement date wasn’t coincidence, and is good insurance

Apple's RCS announcement | 3D green chat bubble

Yesterday’s Apple RCS u-turn came as a big surprise, as the company had previously indicated that it had no plans to support the rich communication services (RCS) messaging standard.

But while the announcement itself was a surprise, the timing of it was not a coincidence – and represents a rare example of Apple (sort of) getting ahead of antitrust legislation …

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Google payments to be default search engine totalled $26B; execs wanted to reduce Apple’s cut [U]

Google payment to Apple | Android phone making GPay payment

Update: Google wanted to keep the sum confidential, but a judge just ordered that the total sum paid – across Apple and other platforms – should be disclosed in the ongoing antitrust case. More at the bottom.

A new report says that the growing size of the Google payment to Apple to remain the default search engine on Apple devices concerned senior execs at the search giant – and they wanted to use EU law as a mechanism to reduce it …

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Apple search payment is the heart of the antitrust case against Google, says judge

Apple money

While the Department of Justice has accused Google of a range of anti-competitive behaviors, the judge in the case has said that the Apple search payment is “the heart” of the matter.

The implication is clear. If that deal is illegal, then Google will lose the case, and the company may have to be broken up. Conversely, if the court finds that the payment was legal, then Google likely wins, as the other charges are comparatively minor …

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Korean antitrust regulators find Apple and Google guilty of anti-competitive behavior

Korean antitrust regulators | Seoul skyscrapers at sunset

Apple’s long-running battle with Korean antitrust regulators is showing no signs of ending any time soon.

In the latest development, the Korea Communications Commission (KCC) has found both Apple and Google guilty of anti-competitive behavior, required changes to their respective app store policies, and warned of possible fines …

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Lawyer objects to claims about how much Google pays Apple to be default search engine

How much Google pays Apple to be default search engine | Stacks of bank notes

A lawyer representing Apple has objected to claims made in court about how much Google pays the Cupertino company to be the default search engine on iPhones and other devices.

The objection was made in a major antitrust case against the search giant, which could see the Department of Justice force the breakup of the company into separate businesses …

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Digital Markets Act antitrust law does include App Store, as Apple fights on iMessage

Digital Markets Act antitrust law | Apple logo in rendered glass slab

The European Union has now named the six tech giants whose services will be subject to the Digital Markets Act antitrust law, with Apple as one of the so-called “gatekeepers.” It’s been confirmed that the App Store is subject to the law, while the status of iMessage remains under investigation.

In total, some 22 services operated by the the six companies are deemed sufficiently influential to be covered by law …

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