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.

Airbnb and ClassPass clash with Apple, raising yet another antitrust issue

Airbnb and ClassPass clash with Apple

Airbnb and ClassPass have found themselves in an interesting dispute with Apple, as they adapt their business models in response to the coronavirus crisis. Apple is, they say, now demanding a cut of their revenue.

The issue is a tricky one, but may prove yet another antitrust concern for the Cupertino company …


Expand
Expanding
Close

Antitrust hearing to accuse Apple and others of ‘copy acquire kill’ strategy

Tech giants to be accused of copy acquire kill strategy

Two reports this morning suggest that tomorrow’s congressional antitrust hearing will accuse Apple and other tech giants of having a ‘copy acquire kill’ strategy when it comes to dealing with potential competitors.

The term refers to copying what other companies are doing; acquiring companies as a way of gaining exclusive access to features; and killing apps after acquisition in order to deny them to customers on rival platforms …


Expand
Expanding
Close

NYU’s Professor Galloway outlines 7 antitrust questions Tim Cook may be asked

Tim Cook Apple law Russia

NYU professor and author Professor Scott Galloway has outlined seven antitrust questions Tim Cook may be asked when he appears before Congress on Wednesday.

Apple is one of four tech giants due to be grilled by the House Judiciary Committee – alongside Amazon, Facebook, and Google – and Galloway is well-qualified to discuss the antitrust issues around all of them …


Expand
Expanding
Close

Apple’s Find My app third-party support comes with a catch for developers and users

Find My

Back at WWDC in June, Apple announced that it is opening up the Find My app to third-party hardware like Tile. It seems like a positive move all around as it addresses antitrust concerns, makes business easier for third-parties, and improves choice for consumers. However, there’s a big catch that Apple hasn’t shared publicly.


Expand
Expanding
Close

Tech antitrust hearing with testimony from Tim Cook likely to be postponed [U]

Tech antitrust hearing reportedly delayed

The tech antitrust hearing which was due to hear testimony from Apple CEO Tim Cook on Monday is likely to be postponed. The hearing clashes with a memorial service for the acclaimed civil rights leader Rep. John Lewis.

Cook is one of four tech giant CEOs due to give evidence as part of a year-long investigation into whether Apple, Google, Amazon, and Facebook have been guilty of anticompetitive practices that break the law …


Expand
Expanding
Close

Microsoft president expressed ‘concerns about App Store’ to House antitrust committee

House antitrust committee hears from Brad Smith

Apple CEO Tim Cook recently agreed to testify to the House antitrust committee, alongside the chief execs of other tech giants, but it appears it has already heard from Microsoft’s president – who reportedly expressed concerns about the App Store.

The committee has a wide-ranging remit to see whether tech giants are guilty of anti-competitive behaviors, with Apple coming under the most scrutiny for the way it operates the App Store …


Expand
Expanding
Close

Report: Apple antitrust probe in the US imminent, focused on ‘ironclad’ App Store control

Pressure mounts on Tim Cook to testify to Congress

Apple has been on the brink of an antitrust investigation in the US over the last year as the federal government and states have been looking into major tech giants’ business practices and hearing from competitors. However, so far this has been an overall look into Alphabet, Amazon, Facebook, and Apple. Now an official antitrust probe from the DOJ and multiple states appears imminent to investigate Apple’s “ironclad control of the App Store.”


Expand
Expanding
Close

Comment: This week’s keynote quietly tackled five of Apple’s antitrust issues

iOS 14 addresses five of Apple's antitrust issues

I recently suggested that Apple’s antitrust issues aren’t going to go away, and that the company should start taking action to address them. With iOS 14, Apple is doing exactly that.

The company didn’t pitch things like that, of course, but we got five announcements that directly tackle some of the antitrust claims facing it…


Expand
Expanding
Close

Hey CEO responds to Apple, says App Store issue is about fundamental ‘lack of choice’ that hurts customer relationships

how to download family purchases iPhone

This week we’ve seen some serious tension build in the developer community with Apple as the makers of Basecamp tried to release its Hey email service iOS app, but was rejected in the App Store Review process as well as by the App Review Board and VP Phil Schiller. Now Basecamp/Hey’s CEO has written an open letter to Apple sharing the belief that this is more than just about the 30% cut that Apple takes from App Store purchases and the core issue comes down to a “lack of choice” that Apple “forcibly inserts themselves” between app developers and their customers.


Expand
Expanding
Close

Comment: Apple is heading into WWDC by insulting developers of free apps

Apple heading into WWDC by insulting developers

Heading into WWDC, Apple isn’t exactly getting off to the best of starts. While outlining my view of Apple’s overall handling of the antitrust charges leveled against it, I mentioned one of the specific issues the company faces: the nature of its relationship with developers.

Developers should feel that Apple is on their side, but even ones who have had their apps featured by Apple are saying that they don’t feel this way. That Apple is, instead, an entity that can at any time and for any reason decide to kill their business.

Twenty-four hours later, things have gotten worse rather than better. First, Microsoft said that Apple and Google have a bigger antitrust case to answer than the Redmond company did some twenty years ago. But the even more damaging development came from Apple itself …


Expand
Expanding
Close

Apple takes action to end one antitrust battle, in South Korea

Apple takes action to end one antitrust battle

I argued yesterday that Apple’s antitrust battles aren’t going to go away and that the company needs to be willing to take positive steps to make things fairer. A report today says that the company is progressing plans to do exactly that, in South Korea.

It will, though, need to satisfy the competition watchdog there that its proposed remedies go far enough …


Expand
Expanding
Close

Opinion: Apple’s antitrust issues won’t go away; the company should act now

Apple's antitrust issues won't go away

Apple’s antitrust issues have again hit the headlines this week – not just once, but twice.

First, there were the two additional European Union antitrust investigations, which are just the latest in a long line of probes into Apple’s alleged anti-competitive behaviors. As a non-exhaustive list, there’s Congress, the Department of Justicea number of US states, the EU, France, Japan, South Korea, and Russia.

Then Apple pulled Basecamp’s email app Hey from the App Store, just days after approving it …


Expand
Expanding
Close

Pressure mounts on Tim Cook to testify to Congress as other tech CEOs agree

Pressure mounts on Tim Cook to testify to Congress

Pressure is mounting on Apple CEO Tim Cook to testify to Congress on antitrust concerns as other tech giants indicate they will send their chief execs to give evidence.

Amazon, Facebook and Google are all reported to be willing to have their CEOs face questions about whether their companies are engaging in anti-competitive behaviors …


Expand
Expanding
Close

France fines Apple 1.1 billion euros for anticompetitive monopoly practices, Apple to appeal

Apple faces antitrust worries

Apple has today been served a 1.1 billion euro fine from France. The French authorities said that Apple had created illegal agreements within its distribution network and abuse of “economic dependence” of independent resellers.

The decision comes from the French competition authorities after many years of investigations. In addition to Apple’s fine, fines were also imposed on two of Apple’s wholesalers for unlawfully agreeing on prices.


Expand
Expanding
Close