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UK monopoly watchdog launches probe after iOS app makers slam Apple software store's draconian T&Cs

(2021/03/05)


The UK's antitrust watchdog has launched an investigation into Apple’s app store after developers complained its strict rules are an unfair stranglehold and may break competition law.

“Millions of us use apps every day to check the weather, play a game or order a takeaway,” Andrea Coscelli, chief executive of the Competition and Markets Authority (CMA), said in a [1]statement on Thursday.

[2]

“So, complaints that Apple is using its market position to set terms which are unfair or may restrict competition and choice – potentially causing customers to lose out when buying and using apps – warrant careful scrutiny.”

All iOS developers are subjected to a review process, in which Apple scrutinizes the app’s contents, design, and capabilities. It also enforces specific rules, such as forcing developers to use Apple’s in-app payment system. Cupertino then typically takes a 30 per cent commission in all financial transactions.

[3]

Digital trust-busting time? US lawmakers mull how to tame giga-corps Amazon, Apple, Google, Facebook [4]READ MORE

The app store cut is at the heart of a legal battle brought by games developer Epic against Apple last year. Since then, Apple has softened a little and [5]slashed its take down to 15 per cent for small businesses making less than $1m (£719,000) in revenues.

Crucially, Apple selects which apps can and can't appear in its iOS store, and can remove apps from the souk or reject updates as it chooses. Developers [6]previously spoke to The Register about their horrors of being ordered to make changes to their software or have their apps suspended from the app store.

For its [7]investigation , CMA will be looking at more than just the in-app commission fee problem, a spokesperson told us. The watchdog will also probe whether Apple unfairly manipulates the distribution of apps on its iPhones for British customers. For example, Spotify filed a formal complaint with the European Commission alleging that the iPhone maker favored its own music streaming service Apple Music.

The European Commission is also reportedly gearing up to formally charge Apple for antitrust issues for the first time, [8]according to the Financial Times. It’s also facing pressure back on its home turf, too. Arizona is considering [9]passing a law that would bypass Apple's cut by allowing developers to install third-party payments systems to collect money from users.

The CMA’s probe is in its early stages, and said to be a result of the authority's own work and complaints from app makers. It is expected to wrap up sometime in September this year. “Our ongoing examination into digital markets has already uncovered some worrying trends,” Coscelli added.

"We know that businesses, as well as consumers, may suffer real harm if anti-competitive practices by big tech go unchecked. That’s why we’re pressing on with setting up the new Digital Markets Unit and launching new investigations wherever we have grounds to do so."

[10]

A spokesperson for Apple was not available for comment. ®

Get our [11]Tech Resources



[1] https://www.gov.uk/government/news/cma-investigates-apple-over-suspected-anti-competitive-behaviour

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YEIPS8Eb2HqR8MdJxtYjIwAAAIc&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YEIPS8Eb2HqR8MdJxtYjIwAAAIc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[4] https://www.theregister.com/2021/02/25/congress_antitrust_tech/

[5] https://www.theregister.com/2020/11/18/apple_to_halve_commission_for_small_devs/

[6] https://www.theregister.com/2020/12/31/as_uncle_sam_continues_to/

[7] https://www.gov.uk/cma-cases/investigation-into-apple-appstore

[8] https://www.ft.com/content/d37c476c-b4cd-4b47-9ed2-d19ad2341ea8

[9] https://www.theregister.com/2021/03/02/apple_app_store_payments/

[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YEIPS8Eb2HqR8MdJxtYjIwAAAIc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[11] https://whitepapers.theregister.com/

"A spokesperson for Apple was not available for comment."

Hubert Cumberdale

Ha. Like it.

The new version upgrade is free......but you need a £3000 new machine to run it!!!

Anonymous Coward

It's not just "apps". Quite common for Apple to design "the next version" of a desktop application so that it won't run AT ALL on older hardware. "Sorry John...you'll need to shell out for a new machine in order to run the latest version."

Re: The new version upgrade is free......but you need a £3000 new machine to run it!!!

stiine

Hopefully the next iPhone will be $4000, or $5000.

Re: The new version upgrade is free......but you need a £3000 new machine to run it!!!

Anonymous Coward

So, you're saying that evolution should not be allowed if it means an app can't run on an old system?

Payments v content

Anonymous Coward

I could agree to something being done about payments and charges, but I have no problem with the way that Apple audits all content before allowing it on the app store* as it does help to stop malware and scam apps getting on. I'm also happy with things like the recent changes to T&Cs that require data slurping to be declared.

* Except where a rejection is for (anti) competitive reasons.

In two minds ...

Andy The Hat

If I build something, supply my software and my hardware to support it and, perhaps a third party has an idea for an extension they want to produce and I agree to sell it to my customers for a cut subject to conditions a,b and c. After all, it's my product, I want to control it and if I make little money as a company that's apparently fine. At what point does my company become big enough that I can no longer control my product in that way - at what point does 'normal' behaviour become monopolistic? After all, in this case, Apple cutomers could go elsewhere and buy a Windows or Linux or whatever box instead and developers could develop for other platforms so it's not a monopoly in the overall computer market, it is a seller of it's own specific product with its own product control ... I'm not agreeing with Apple's actions, just curious to know when you are forced to lose control of your product because it's too popular ...?

I'm sure they'll change their mind

Anonymous Coward

once the brown envelopes have been dispatched.

The more the merrier.
-- John Heywood