Apple 'Playing Hard-Ball' in Appeal Against UK's Investigation Into Platform Restrictions

[MacRumors]

Apple has filed an appeal against an investigation by the UK's competition authority into the company's dominance of mobile browsers and restrictions on cloud gaming (via Reuters).

In November, the Competition and Markets Authority (CMA) launched a market investigation reference into Apple and Google's cloud gaming and mobile browser restrictions. The CMA has examined Apple and Google's "effective duopoly" that allows the companies to "exercise a stranglehold over these markets" for almost a year.

In a notice filed with the Competition Appeal Tribunal earlier this week, lawyers representing Apple said that the CMA's investigation should be reviewed and quashed, claiming that the regulator had missed timing requirements. The investigation was required to end within 18 months with specific deadlines and Apple believes this timeline has not been correctly adhered to, providing grounds for it to be reevaluated entirely.

As noted by tech regulation expert Zach Meyers, "Apple's complaints are purely about procedural niceties" and this "suggests that Apple wants to play hard-ball." App developer and an intellectual property activist Florian Mueller believes that "this appeal could go either way." If Apple wins, the CMA may simply wait for the UK's new digital competition bill to enter Parliament next month, which could provide even greater oversight and far-reaching regulatory powers.

The CMA responded to Apple's appeal insisting that it would defend its position and continue the investigation in line with the statutory timetable. A statement from the CMA added "We opened this investigation to make sure that UK consumers get a better choice of mobile web services and that UK developers can invest in innovative mobile content and services."

The CMA's investigation into Apple uses high-level powers to request extensive information from Apple to draw conclusions and implement legally binding remedies, which could include orders that require Apple to make material changes to its practices. A preliminary hearing on Apple's appeal will be held on Tuesday, 24 January.

Apple's ecosystem is increasingly coming under intense scrutiny by governments around the world, including in the United States, Japan, South Korea, the European Union, and more, with a clear appetite from global regulators to explore big tech's stances on issues like App Store policies, app sideloading, and interoperability.

Article Link: Apple 'Playing Hard-Ball' in Appeal Against UK's Investigation Into Platform Restrictions

 

[Danfango]

I fully expect Apple to comply with this.

I also fully expect them to publish the likely outcome which is 99% of people don't give a crap.

I expect the 1% of people left to get burned by browsers with privacy problems, abusive subscription policies and crapware.

 

[JapanApple]

a never-ending fight that will always exist

 

[5232152]

Don't create a monopoly and you will be fine as long as they insist on that. People defending Apple by saying "yOu CaN jUsT uSe AnDrOiD" does not understand that a monopoly is not about having other options.
It is about a player eating into the free market by being so big (either by choice or not). It, therefore, has to take on a more considerable responsibility that goes outside regular business expectations/requirements.

Just look at Google. When your company name becomes a verb for "Searching online", you are getting to that point. Apple is getting there too.

 

[ksec]

---

Apple 'Playing Hard-Ball' in Appeal Against UK's Investigation Into Platform Restrictions

This is the right moment! Pull out of UK. /S

 

[SoldOnApple]

Just let me install retro game emulators please Apple, I'm sick of jumping through hoops to load them via developer account.

 

[strongy]

Don't create a monopoly and you will be fine as long as they insist on that. People defending Apple by saying "yOu CaN jUsT uSe AnDrOiD" does not understand that a monopoly is not about having other options.
It is about a player eating into the free market by being so big (either by choice or not). It, therefore, has to take on a more considerable responsibility that goes outside regular business expectations/requirements.

Just look at Google. When your company name becomes a verb for "Searching online", you are getting to that point. Apple is getting there too.

we all know courts have already ruled Apple is not a monopoly

 

[Sheepish-Lord]

"yOu CaN jUsT uSe AnDrOiD"

When did people start typing like this? I see it a lot now on social media and it’s absolutely ridiculous.

 

[Pezimak]

The time is coming for the tech giants, they have undermined governments and laws, and like google and Facebook refuse to protect children and vulnerable, and in Apples case it's gambling accusations and monopolistic approach. So the inevitable conclusion is governments will change laws and regulations and fine them if they refuse to obey them.

I'm confused what these tech companies thought would happen to be honest? They seem to act like they have impunity, yet they are not elected governing bodies with the power to create and enforce laws. All they have achieved is for governments to provide greater powers to this regulators. And new digital laws to be created.

 

[boyarka]

Good, hope Apple ends up in more court cases and big monopolies (of all kinds, but tech especially) give the very insipration that leads lawmakes to draft stricter laws and regulations relating to privacy, market position/monopoly, right to repair and planned obsolescence.
They should have listened.

 

[Wildkraut]

a never-ending fight that will always exist

Might end with Tim Cook behind the bars if they don't comply, but probably more with a sales stop in whole EU and UK. Maybe even in the US, laws are cooking, Cook will get hot cooked.
Apple is dumb, they are just feeding the lawyers, it's inevitable Apple will have to open up around the world

 

[d686546s]

we all know courts have already ruled Apple is not a monopoly

Whether US courts think Apple is a monopoly will have very little bearing on a UK regulator.

 

[MacProFCP]

1. I support Apple on this because, as a user, I appreciate that I can rely that Apple is handling the security.

2. I wish Apple would see that the end result, increasingly around the world, is legislation forcing them to do exactly the opposite. I think it would be in everyone’s best interest for Apple to find a way to fight this with the users, not the legislators. Maybe have a toggle in settings to allow for web downloads, like on the Mac, and turning it on brings up a warning.

3. I further believe Apple has done a horrible job, publicly, defending and explaining why the system should be closed. Most of Apple advertising is focused on products. I think it would do them well to bring this fight to the citizen, the end user, too. Make overzealous legislators aware that many people don’t want, or appreciate, their overreach.

4. I fully expect the same overzealous legislators, who are forcing Apple into removing the barriers of a safer user experience, to then blame Apple for damage caused by their own incompetence. I imagine dozens of lawsuits over the iPhone’s failure to prevent scamming, unwanted pornography, and, GD forbid, child predators, when there is little control over what is installed on the iPhone. “Mr. Cook, please explain to the Senate Investigatory Committee why Apple failed to take necessary precautions to ensure the safety of America’s children?”… Tim: “Because you arrogant SOBs made it illegal to do so!”

 

[scheinderrob]

the government should start playing hard-ball too. apple refuses? jail the executives.

 

[nikusak]

Cloud gaming restrictions are obviously rubbish.

However, forcing Apple to allow native browsing engines will not increase competition: it will mean that Google Chromium/Blink victory will be nearly complete, as Chrome and Edge will move to using it.

Safari is the only real competition for Google’s technology. Implementing a web engine from scratch is so complicated that we will not see any new alternatives. We do not have them for Windows or Mac either. Even Microsoft gave up. Firefox, or whatever it is called these days, is barely alive.

 

[jimbobb24]

In consoles most generations there is a duopoly. No one busted up their app stores.

if you want your phone being a buggy computer go Android. If you want it to be a console go apple (until they break it).

 

[jimbobb24]

I fully expect Apple to comply with this.

I also fully expect them to publish the likely outcome which is 99% of people don't give a crap.

I expect the 1% of people left to get burned by browsers with privacy problems, abusive subscription policies and crapware.

another poster make this point but once any type of side loading or alternative browsers become available everyone will eventually be forced outside the App Store because some app got work or school or something will need it. It will not be possible to avoid. Thats a myth - if you don’t like it just dont go outside the App Store you will not need to. But we will all be forced outside.

 

[e-coli]

Europe doing what it does best—stifling innovation for the next decade.

 

[gnipgnop]

AI is really the biggest threat that exists in tech right now. Focusing on mobile App Stores is a waste of time.

 

[5232152]

When did people start typing like this? I see it a lot now on social media and it’s absolutely ridiculous.

I would suggest you to try to Google it, if you cannot keep up with online terminology

 

[5232152]

we all know courts have already ruled Apple is not a monopoly

What is the problem then? /S

Stop pretending monopolies for no reason other than consumerism.

 

[contacos]

another poster make this point but once any type of side loading or alternative browsers become available everyone will eventually be forced outside the App Store because some app got work or school or something will need it. It will not be possible to avoid. Thats a myth - if you don’t like it just dont go outside the App Store you will not need to. But we will all be forced outside.

Weird. Android allows side loading and I have yet to find an App that is not available at the PlayStore AND other stores*

*unless it was never complying to the Google TnC / Guidelines to begin with. In that case it’s good, that those shady apps are not allowed on the PlayStore

 

[iLondoner]

A UK government department desperately seeking to justify its existence.
I don't use Safari, doesn't that count for something?

 

[5232152]

Whether US courts think Apple is a monopoly will have very little bearing on a UK regulator.

Let the UK rule the way they see fit. Let the US have worse options in the Apple eco system than the UK and see how the UK phones will get imported into the US at massive rates. I am all for it!

 

[Joe Dohn]

Just let me install retro game emulators please Apple, I'm sick of jumping through hoops to load them via developer account.

It's not the best option, but you now have browser-based emulators. For example, there's Fightcade (https://www.fightcade.com/) and Delta. They work as shortcuts, and don't need to be installed.