Skip to main content

Antitrust

See All Stories

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.

Developers told $1B class action lawsuit against Apple can proceed, as second objection rejected

Developers told $1B class action lawsuit against Apple can proceed | App icons imagined as physical blocks

British developers have been told that their billion dollar class action lawsuit against Apple can proceed, after the iPhone maker failed in its second bid to have the case dismissed.

Developers behind the antitrust case are seeking repayment of up to £785M ($995M) in commission on apps, in the latest move against Apple’s monopoly on the sale of iPhone apps …

Expand Expanding Close

App Store anti-steering rules declared illegal in Brazil, in latest antitrust ruling

Apple's App Store anti-steering rules declared illegal in Brazil | Aerial view of Rio de Janeiro

Apple’s App Store anti-steering rules have been declared illegal in Brazil, in the latest antitrust ruling against the company. This means Apple can no longer ban developers from linking to their own websites to sell in-app content like books, movies, music, and games.

The Cupertino company has already been required to allow third-party app stores in the EU, and to allow US developers to sell in-app content outside of the App Store …

Expand Expanding Close

Apple faces antitrust action in the UK over default web browser (but not cloud gaming)

Apple faces antitrust action in the UK over default web browser | iPhone 16 shown

Apple is likely to face antitrust action in the UK over Safari being the default web browser on iPhone. The country’s Competition and Markets Authority (CMA) has provisionally concluded that the company abuses its control over iPhone apps.

This is likely to see Apple forced to take the same action it already did in the EU – allowing users to choose their default web browser when first setting up a new iPhone …

Expand Expanding Close

Apple will today ask a judge to dismiss the DOJ antitrust case

Apple will today ask a judge to dismiss the DOJ antitrust case | Illustrative photo of court building

Lawyers acting for Apple are today expected to ask a federal judge to dismiss the DOJ antitrust case against the company in its entirety.

The Department of Justice has for years been investigating whether Apple broke antitrust law by abusing its dominant position in the US smartphone market, before deciding that it did, and filing charges in March of this year

Expand Expanding Close

Apple asks US court to throw out Epic Games ruling, despite being barred from appealing

Apple asks US court to throw out App Store ruling | Illustrative photo of a court building

The Apple versus Epic Games case rumbles on despite the rejection of attempts to appeal by both companies.

Yesterday one of the judges in the case effectively accused Apple of lying, and now the Cupertino company is attempting a new tactic in a bid to have the ruling either thrown out altogether or narrowed so that only Epic Games benefits …

Expand Expanding Close

Second judge implies Apple lied in Epic lawsuit; denies request

Second judge implies Apple lied in Epic lawsuit | Court gavel on US flag

A second judge in the Apple versus Epic Games lawsuit has implied that the Cupertino company has lied to the court. It comes after the original judge strongly implied that Apple had not told the truth about the reasons for its new App Store policy.

A second judge tasked with overseeing Apple’s disclosure of decision-making documents in the antitrust case said that a court filing made by the company was “simply not believable” …

Expand Expanding Close

In major u-turn, Apple allows Spotify to display pricing and direct users to its website

Apple allows Spotify to display pricing and direct users to its website (screengrabs)

In a major u-turn, Apple is now allowing Spotify to display pricing in the app – including promotional offers – and to direct users to its website to sign up.

The move comes three months after the iPhone maker rejected a a Spotify app update which did just that, and four months after the EU fined the company $2B for anticompetitive practices in its treatment of its streaming music competitor …

Expand Expanding Close

Epic Games and Spotify object to Apple’s new fees – and there’s only one solution

Apple's new fees | Conceptual image of a boxer

The controversy over Apple’s fees for apps which are sold outside the App Store continues, with both Epic Games and Spotify objecting to the company’s latest attempt to comply with EU antitrust laws.

Spotify has described Apple’s latest fee structure as “confusing and unacceptable,” while Epic Games has called the fees “illegal” …

Expand Expanding Close

Apple losing Google’s $20B+ would be just a blip in its Services trajectory

Apple losing Google's $20B+ would just be a blip | $100 bills

Google has for years made billions of dollars worth of payments to Apple in return for being the default search engine on Apple devices. A court ruling yesterday appears to have declared those payments illegal under antitrust law.

But while that would be a setback to the company’s impressive Services revenue, in the scheme of things it wouldn’t amount to much more than a blip …

Expand Expanding Close

New agreement on AI regulation could be good news for Apple Intelligence in the EU

New agreement on AI regulation | Apple Intelligence and new Siri logos

EU countries are currently set to miss out on Apple Intelligence features, but that may now change as a result of a new agreement between the US, EU, and UK on AI regulation.

Four law enforcement bodies have agreed to adopt “common principles” in the way that they address antitrust concerns over AI products and services – though some of the wording could potentially prove problematic for Apple

Expand Expanding Close

After Apple, Meta also withholding future AI models from EU countries

After Apple, Meta also withholding future AI models from EU countries | Meta smart glasses shown

Apple said last month that it would be withholding its upcoming AI features from EU countries, and now Meta has followed suit, and for exactly the same reason.

The iPhone maker cited “regulatory uncertainties” in the bloc, and Meta has given the same explanation for its own decision to hold back future AI models …

Expand Expanding Close

Epic Games accuses Apple of delaying its iOS game store launch

Epic Games accuses Apple of delaying its game store launch | Image of Tim Cook in Fortnite costume

Epic Games has accused Apple of deliberately delaying its attempt to launch its own iOS games store in Europe, and has raised it as a potential antitrust issue with the EU.

The Fortnite developer said that Apple was rejecting its app because the iPhone maker considered the Install and In-app Purchases labels and buttons too similar to those used in its own App Store

Expand Expanding Close

visionOS App Store to allow alternative payment options for users in the EU

Apple App Store EU

The European Union’s Digital Markets Act (DMA) antitrust legislation came into effect earlier this year and has already forced Apple to make some deep changes to the App Store, including allowing developers to offer alternative payment options in their apps. As Apple Vision Pro is coming to Europe, Apple has now confirmed that alternative payment options will also be available on the visionOS App Store.

Expand Expanding Close

Withholding Apple Intelligence from EU a ‘stunning declaration’ of anticompetitive behavior

Withholding Apple Intelligence from EU a 'stunning declaration' | Framegrab of Vestager's speech

The decision to withhold Apple Intelligence from EU countries amounts to a “stunning open declaration” of anticompetitive behavior, according to the bloc’s vice-president and competition regulator Margrethe Vestager.

Vestager made her remarks when speaking at a conference convened to discuss new ideas for strengthening the European Union …

Expand Expanding Close

Manage push notifications

notification icon
We would like to show you notifications for the latest news and updates.
notification icon
You are subscribed to notifications
notification icon
We would like to show you notifications for the latest news and updates.
notification icon
You are subscribed to notifications