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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.

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

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EU says Apple has ‘very serious’ issues for not complying with DMA

Apple App Store EU

Apple this year announced a series of changes when it comes to the App Store in the EU, as the Digital Markets Act (DMA) antitrust legislation came into force in March. However, the European Commission doesn’t seem satisfied with the changes Apple has made. For the EU, Apple has some “very serious” issues with not being fully compliant with the new legislation.

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Apple’s decision to block iPhone PC emulators has been criticized by developers, who have variously said that it is confusing, inconsistent, and probably illegal.

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Aptoide iOS app store | Screengrab of countdown

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It follows earlier remarks in which she strongly implied that Apple was guilty of bad-faith compliance with the antitrust ruling she made back in 2021 …

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

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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 Safari web apps webkit

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App Store fraud | Logo against hazard tape

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

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iPhone web browser choice | iPhone 15 models shown

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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 | Screengrab with green text icon

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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

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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

Billion dollar developer lawsuit will proceed | Court gavel on keyboard

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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