UK antitrust case versus Apple's browser dominance dies on a technicality

Posted:
in iOS edited March 2023
The UK antitrust authority's bid to investigate Apple's browser dominance on iOS has been stopped before it really got going -- but not because of the merits of Apple's case.

Cloud games are restricted in the App Store
Cloud games are restricted in the App Store


The UK Competition and Markets Authority (CMA) announced in November that it would investigate the dominance of Apple and Google in the mobile browser market, with a focus on mobile gaming. In particular, the CMA wanted to examine Apple's decision to restrict cloud gaming apps in the App Store.

Apple said in its appeal that because the CMA started the investigation too late, it lacked the authority to proceed. Timothy Otty, the company's lawyer, argued that the investigation should have happened in June 2022 when the CMA published a report on mobile ecosystems, which found that the two tech giants had an "effective duopoly."

On Friday, the Competition Appeal Tribunal (CAT) agreed with Apple's argument, saying, "it might well be said that the CMA erred in law" when it didn't take action after its June report.

Apple forbids cloud streaming apps from the App Store unless each game has a separate app for content review. So, developers can create an app to help users sign up for their service and find games, but they can't include the games inside one app.

The CMA also mentioned "suggested underinvestment in its browser technology" in its conclusion as another factor that adds costs for developers, leading them to create mobile apps instead of streaming cloud games inside Safari.

Apple doesn't restrict cloud gaming within Safari though, and only imposes restrictions in the App Store.

Apple's hand might be forced

But despite Apple's victory, the European Union's Digital Markets Act will make significant changes in March 2024, including requiring that companies like Apple open their platforms to allow third-party app stores. The Digital Markets Act entered into force in November 2022 and will be applicable on May 2, 2023.

Many companies had supported the CMA investigation, including DuckDuckGo, the Electronic Frontier Foundation, Meta, Microsoft, Mozilla, and Vodaphone. Microsoft is planning a mobile gaming store for its Xbox Game Pass service, for example.

The company hopes to challenge Apple and Google with its gaming store, and a series of pledges that would make its mobile store more open than the App Store. The commitments include letting all developers access the store and offer their payment systems to users, which App Store rules also forbid.

Apple says that not allowing rival app shops in its operating systems is due to security and privacy concerns. At the Viva Tech conference in Europe in June 2021, Tim Cook discussed various subjects, including customer safety.

"I mean, you look at malware as an example, and Android has 47 times more malware than iOS," he said. "Why is that? It's because we've designed iOS in such a way that there's one App Store and all of the apps are reviewed prior to going on the store."

Read on AppleInsider

Comments

  • Reply 1 of 17
    davidwdavidw Posts: 2,050member
    Next top priority on the UK CMA agenda is .... "we shall learn the meaning of the word ...... "shall".


    watto_cobra
  • Reply 2 of 17
    chasmchasm Posts: 3,296member
    If Apple allows apps like Netflix to show all different kinds of films under one app title without each movie being reviewed by Apple, then the UK's CMA (and the EU) have a point: streaming gaming apps should be able to lump multiple titles under one umbrella app, provided each game already has a clear age and content rating from a third-party and otherwise conforms to Apple's App Store guidelines.

    I've never understood Apple's rationale for treating streaming gaming apps differently than other streaming apps.
    elijahggatorguywilliamlondonmuthuk_vanalingamdarkvader
  • Reply 3 of 17
    ApplePoorApplePoor Posts: 286member
    Apple has had a cast of thousands and many years of work to create a secure store system. These cheap ass folks want the free ride without the expense s of keeping a secret environment and many frankly will be providing free virus infections with their products.

    I do not want want a virus infested device that corrupts my complete system in addition to the iPhone.
    ronnwatto_cobradanox
  • Reply 4 of 17
    chutzpahchutzpah Posts: 392member
    Dooofus said:
    This case had no merit to begin with. Create your own platform if you want your browser on it.

    That's not the issue, read the story.
    chasmdarkvaderwilliamlondon
  • Reply 5 of 17
    22july201322july2013 Posts: 3,571member
    chasm said:
    I've never understood Apple's rationale for treating streaming gaming apps differently than other streaming apps.
    If you install it, the Xbox Game Pass app for iOS, currently has access to "User Location, User Contacts, User Search History, User Identifiers, User Usage Data, User Diagnostics, Other Data." And this app can pass its permissions to any gaming app that it wants to, without telling Apple or the end user. An app that streams video can't hand of security permissions to third parties, because there are no third parties executing code on your device. (As an aside, can you explain why XBox Game Pass needs access to the contacts in my address book?)

    In another thread today(!) you were upset that GM would have access to your car's data, (you said Google would"get all that user data.") but you don't share the same concern that Microsoft or its game developers would have access to your computer's data with Apple's or the user's knowledge. Isn't that inconsistent? Just asking politely.
    edited March 2023 ronnwatto_cobradanox
  • Reply 6 of 17
    chasmchasm Posts: 3,296member
    chasm said:
    I've never understood Apple's rationale for treating streaming gaming apps differently than other streaming apps.
    In another thread today(!) you were upset that GM would have access to your car's data, (you said Google would"get all that user data.") but you don't share the same concern that Microsoft or its game developers would have access to your computer's data with Apple's or the user's knowledge. Isn't that inconsistent? Just asking politely.
    My feeling is that a better approach to this is to allow streaming gaming apps, but prohibit any data collection beyond what is required for the games to operate within the app. Apple has the right to regulate at that level, but essentially barring apps for streaming gaming services outright is just getting them into trouble.

    I appreciate the opportunity to clarify my thoughts. Your point is well-taken.
    muthuk_vanalingam
  • Reply 7 of 17
    22july201322july2013 Posts: 3,571member
    chasm said:
    chasm said:
    I've never understood Apple's rationale for treating streaming gaming apps differently than other streaming apps.
    In another thread today(!) you were upset that GM would have access to your car's data, (you said Google would"get all that user data.") but you don't share the same concern that Microsoft or its game developers would have access to your computer's data with Apple's or the user's knowledge. Isn't that inconsistent? Just asking politely.
    My feeling is that a better approach to this is to allow streaming gaming apps, but prohibit any data collection beyond what is required for the games to operate within the app. Apple has the right to regulate at that level, but essentially barring apps for streaming gaming services outright is just getting them into trouble.

    I appreciate the opportunity to clarify my thoughts. Your point is well-taken.
    You seem to believe that Apple will monitor and regulate apps that run in Microsoft's store without being paid a dime to do so. Or do you want Microsoft to pay a fee to Apple for each app on its own store. And do you think Microsoft will allow Apple to poke its nose into the mechanics of Microsoft's own store and possibly regulate how things are done there? I don't think there's any chance of any of that. Isn't this the main point of Microsoft's gaming store, to give Microsoft full control?
    ronnwatto_cobradanox
  • Reply 8 of 17
    darkvaderdarkvader Posts: 1,146member
    ApplePoor said:
    Apple has had a cast of thousands and many years of work to create a secure store system. These cheap ass folks want the free ride without the expense s of keeping a secret environment and many frankly will be providing free virus infections with their products.

    I do not want want a virus infested device that corrupts my complete system in addition to the iPhone.
    Because the Macintosh is just FULL of viruses, it's insane how awful having the ability to install your own software is!

    Oh, wait.  It isn't.  There's really not all that much Mac malware, and what does exist is pretty easy to clean up.  It's almost like what you're saying is utterly false and without merit.  Apple needs to open up the iPhone for users to be able to install apps from any source of their choosing, and if they won't do it willingly then governments need to force them to do it.

    (And that's not even what this story is about anyway.)
    argos.panoptis
  • Reply 9 of 17
    AppleInsider said: The company hopes to challenge Apple and Google with its gaming store, and a series of pledges that would make its mobile store more open than the App Store. The commitments include letting all developers access the store and offer their payment systems to users, which App Store rules also forbid.
    The problem with Microsoft's "pledges": once the EU forces 3rd party stores on iOS there's ZERO reason to keep those pledges long term since the EU believes that simply having 3rd party stores on iOS creates acceptable competition. Microsoft can offer whatever terms they wish...better/worse/the same... and it will be deemed "competitive". 
    watto_cobradanox
  • Reply 10 of 17
    chasm said:
    If Apple allows apps like Netflix to show all different kinds of films under one app title without each movie being reviewed by Apple, then the UK's CMA (and the EU) have a point: streaming gaming apps should be able to lump multiple titles under one umbrella app, provided each game already has a clear age and content rating from a third-party and otherwise conforms to Apple's App Store guidelines.

    I've never understood Apple's rationale for treating streaming gaming apps differently than other streaming apps.
    TV shows and movies aren't apps. They're not apps on a local hard drive and they're not apps on a remote server somewhere. The file format is always a non-app format. Games are always apps that always have an app file format regardless of where they reside. That's the difference. Apple wants to control apps that are sold through the App Store and games are always apps. So if you want your game app to stream on iOS and not be subject to Apple's App Store rules then you offer it through the internet browser and not the App Store. 
    edited April 2023 ronnwatto_cobra
  • Reply 11 of 17
    darkvader said: Apple needs to open up the iPhone for users to be able to install apps from any source of their choosing, and if they won't do it willingly then governments need to force them to do it.
    Apple needs to turn iOS into Windows so that Microsoft can dominate gaming on the last remaining platform that they don't already dominate. 

    *Fixed that for you.* 
    edited April 2023 ronnwilliamlondonwatto_cobradanox
  • Reply 12 of 17
    chutzpahchutzpah Posts: 392member
    darkvader said:
    ApplePoor said:
    Apple has had a cast of thousands and many years of work to create a secure store system. These cheap ass folks want the free ride without the expense s of keeping a secret environment and many frankly will be providing free virus infections with their products.

    I do not want want a virus infested device that corrupts my complete system in addition to the iPhone.
    Because the Macintosh is just FULL of viruses, it's insane how awful having the ability to install your own software is!

    Oh, wait.  It isn't.  There's really not all that much Mac malware, and what does exist is pretty easy to clean up.  It's almost like what you're saying is utterly false and without merit.  Apple needs to open up the iPhone for users to be able to install apps from any source of their choosing, and if they won't do it willingly then governments need to force them to do it.

    (And that's not even what this story is about anyway.)
    There is so little Mac malware that Apple doesn't even ship Macs with a default setting restricting application installs from unknown sources.
    There is so little Mac malware that Apple doesn't bother maintaining XProtect, a file with all known malware that can be detected by system security and quarantined if it is ever found.
    There is so little Mac malware that Apple doesn't bother running a notarisation service in order to apply certification to developers.
    There is so little Mac malware that Apple never even bothered to bring the sandboxing model to the Mac, because why would it ever need that when there's no malware.
    There is so little Mac malware that this list is completely empty: https://www.macworld.com/article/672879/list-of-mac-viruses-malware-and-security-flaws.html

    Nah, no malware at all, and Apple aren't even trying at all, so why worry about opening up another 1 billion devices with persistent internet connections.  What could possibly go wrong; there's no malware!
    ronnwilliamlondonwatto_cobra
  • Reply 13 of 17
    davidwdavidw Posts: 2,050member
    darkvader said:
    ApplePoor said:
    Apple has had a cast of thousands and many years of work to create a secure store system. These cheap ass folks want the free ride without the expense s of keeping a secret environment and many frankly will be providing free virus infections with their products.

    I do not want want a virus infested device that corrupts my complete system in addition to the iPhone.
    Because the Macintosh is just FULL of viruses, it's insane how awful having the ability to install your own software is!

    Oh, wait.  It isn't.  There's really not all that much Mac malware, and what does exist is pretty easy to clean up.  It's almost like what you're saying is utterly false and without merit.  Apple needs to open up the iPhone for users to be able to install apps from any source of their choosing, and if they won't do it willingly then governments need to force them to do it.

    (And that's not even what this story is about anyway.)

    Why are you comparing iOS to MacOS? Shouldn't you be comparing iOS to Android? Most people with any intelligence would be. iOS and Android are more similar in function than iOS and MacOS.

    Even Google have admitted that sideloading on Android is a security headache and have spent billions in RD to combat the security headache it presents. Google recommend that any Android users that requires the utmost security when using their mobile devices, to disable sideloading completely.

    Google is even going as far as preventing sideloading in certain cases with Android 14 and it probably won't stop there.


    watto_cobra
  • Reply 14 of 17
    darkvader said:
    Because the Macintosh is just FULL of viruses, it's insane how awful having the ability to install your own software is!

    Oh, wait.  It isn't.  There's really not all that much Mac malware, and what does exist is pretty easy to clean up.  It's almost like what you're saying is utterly false and without merit.  Apple needs to open up the iPhone for users to be able to install apps from any source of their choosing, and if they won't do it willingly then governments need to force them to do it.
    The point about this comment is that you can effectively prevent virus and malware infections without locking down the system and allowing third party installation (or at least owner installation) of apps.  You do this by setting up your OS infrastructure in a prudent, effective, and cogent manner (unlike some others), policing and limiting attack vectors, and so on and so forth.  Nobody said that Apple is not active in combatting malware, nor that MacOS is immune. 

    That being said, there is also a very clear financial incentive to maintaining a locked down ecosystem, and to claim otherwise is disingenuous at best.  And let us not forget that for many years you could jailbreak an iphone and do whatever you wanted with it (like I can with my car, that I bought and own) - this may rarely result in a dead phone, but never resulted in a comet striking the ecosystem, nuclear war, or the Second Coming.

    I should be able to sideload apps on my iPhone, and Apple can declaim any responsibility if I do.
  • Reply 15 of 17
    davidwdavidw Posts: 2,050member
    darkvader said:
    Because the Macintosh is just FULL of viruses, it's insane how awful having the ability to install your own software is!

    Oh, wait.  It isn't.  There's really not all that much Mac malware, and what does exist is pretty easy to clean up.  It's almost like what you're saying is utterly false and without merit.  Apple needs to open up the iPhone for users to be able to install apps from any source of their choosing, and if they won't do it willingly then governments need to force them to do it.
    The point about this comment is that you can effectively prevent virus and malware infections without locking down the system and allowing third party installation (or at least owner installation) of apps.  You do this by setting up your OS infrastructure in a prudent, effective, and cogent manner (unlike some others), policing and limiting attack vectors, and so on and so forth.  Nobody said that Apple is not active in combatting malware, nor that MacOS is immune. 

    That being said, there is also a very clear financial incentive to maintaining a locked down ecosystem, and to claim otherwise is disingenuous at best.  And let us not forget that for many years you could jailbreak an iphone and do whatever you wanted with it (like I can with my car, that I bought and own) - this may rarely result in a dead phone, but never resulted in a comet striking the ecosystem, nuclear war, or the Second Coming.

    I should be able to sideload apps on my iPhone, and Apple can declaim any responsibility if I do.

    Really? Right now neither Google or Apple can completely prevent malware from infecting their OS after being installed from their respective app stores, how in the name of Hell do you think  Google and Apple can be more effective in preventing malware from infecting their OS through sideloading. Google is a much better software company than Apple and Google with all their software engineers have not come close to making sideloading with Android as safe as iOS or even as safe as installing apps from their own Play Store . There is zero chance that allowing sideloading will not significantly increase malware.

    It's amazing how many backward thinkers we have here. iOS is inherently safer than MacOS, no matter how safe MacOS is.  Apple goal should be to make MacOS as safe as iOS. Not the other way around by making it so that iOS is as safe as MacOS. MacOS is not inherently as safe as iOS and Apple has to work a lot harder to keep it MacOS as safe as it is. Consumers are using their mobile devices more than PC's and their mobile device most likely have more of their personal data on it than on their PC. Most consumers do not leave their PC connected 24/7. But many do not ever turn off their mobile devices. They are connected to the outside 24/7. One would think a mobile OS should be much more safer than a computer OS and not only as safe.

    BTW- you can still jail break your iPhone and do what you want with it. Apple is not stopping you. But just like the manufacturer of the car you own, you do not expect them to factory install custom framework and reinforced brackets, to make it easier for you to install a third party engine in your car.

    Jailbreaking iPhones was way more popular 12 years ago (and even then only about 10% of iPhones were jailbroken.) Why? Because now of days, over 98% of iPhone users can get the apps they need (or want) from the Apple App Store and most likely for free. That wasn't the case 12 years ago. With that being said, there is also a very clear financial incentive to want Apple to allow sideloading and to claim otherwise is disingenuous at best. There are many developers (specially the ones that are making 10's of millions of dollars in profit from Apple iOS ecosystem.) that do not want to pay Apple a commission for the privilege of making money using Apple IP. They some how think it's their right and that Apple is denying them of that right.
    watto_cobra
  • Reply 16 of 17
    danoxdanox Posts: 2,853member
    chasm said:
    If Apple allows apps like Netflix to show all different kinds of films under one app title without each movie being reviewed by Apple, then the UK's CMA (and the EU) have a point: streaming gaming apps should be able to lump multiple titles under one umbrella app, provided each game already has a clear age and content rating from a third-party and otherwise conforms to Apple's App Store guidelines.

    I've never understood Apple's rationale for treating streaming gaming apps differently than other streaming apps.
    Do TV shows and movies have in an app purchases designed so that your kids can get you into money trouble?
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