The Epic Games judgment is out: Some first thoughts

As most readers are likely aware of, on 10 September 2021 Judge Yvonne Gonzalez Rogers (“YGR”) issued her Rule 52 Order after trial on the merits in Epic Games, Inc. v Apple Inc. Based on the trial record, Judge YGR could not ultimately conclude that Apple is a monopolist under federal or state antitrust laws, … Continue reading The Epic Games judgment is out: Some first thoughts

Korean bill banning Apple and Google from mandating their in-app payment solutions moves forward

Yesterday, the Korean National Assembly passed a bill that amends the country’s Telecommunications Business Act to prevent app market business operators (i.e., Apple and Google with respect to their app stores) from requiring app developers to exclusively use their in-app purchasing systems (IAP in the case of Apple and GPB in the case of Google). … Continue reading Korean bill banning Apple and Google from mandating their in-app payment solutions moves forward

Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers

One of the great features of competition law as a discipline is that reasonable people can have different views on the application of the law to the same set of facts. There is therefore scope for discussion and, especially in the digital sector, passionate debates. In this respect, my reaction to the news that the … Continue reading Further thoughts on the Commission’s Statement of Objections to Apple on App Store rules for music streaming providers

EU sends Apple Statement of Objections (music streaming services)

Just a few days after the Australian Competition & Consumer Commission released its interim report on app marketplaces finding that "Apple’s App Store and Google’s Play Store have significant market power in the distribution of mobile apps in Australia," the European Commission addressed to Apple a Statement of Objections over its App Store rules for … Continue reading EU sends Apple Statement of Objections (music streaming services)

What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?

With the bench trial in the Epic Games’ lawsuit against Apple starting on 3 May 2021 and in the broader context of the various investigations launched against Apple by the European Commission, the Dutch ACM and the UK CMA, the purpose of this blog post is to discuss some of the most interesting aspects (at … Continue reading What can we learn from Apple and Epic Games’ Findings of Facts and Conclusions of Law in their US litigation?

New paper on the App Store shows why antitrust intervention is needed

Last April Damien and I published a paper titled "The Antitrust Case Against the Apple App Store," where we explored various concerns raised by Apple's App Store practices under Article 102 TFEU. We focused in particular on the obligation of apps offering "digital goods or services" (think e.g., of a game app) to use Apple's … Continue reading New paper on the App Store shows why antitrust intervention is needed

ACCC to issue report on app marketplaces in March 2021

Saying that the Australian Competition and Consumer Commission has become quite active in the digital front would be an understatement. After delivering a pioneering report into digital platforms in 2019, it kicked off a five-year inquiry into digital platform services in 2020 and another inquiry in ad tech services (even though one might say we … Continue reading ACCC to issue report on app marketplaces in March 2021

The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick

On 16 June 2020, the European Commission opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules.  The Commission's press release states that the Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that … Continue reading The App Store and antitrust: Lofty statements by Apple executive and academic friendly to Apple’s views don’t do the trick

EU probes Apple over App Store rules

It is official: the European Commission has opened an investigation into Apple over App Store rules (in parallel, the Commission also launched an investigation into Apple's practices over Apple Pay). The investigation follows a complaint filed by Spotify in March 2019, whereby the music streaming service took issue with Apple's 30% commission levied on in-app … Continue reading EU probes Apple over App Store rules

The antitrust case against the Apple App Store

The Apple App Store has given rise to a thriving marketplace that connects app developers and iOS users. However, Apple has recently come under increased antitrust scrutiny on both sides of the Atlantic over concerns that it uses its role as operator of the App Store to give its own apps an anticompetitive advantage. At … Continue reading The antitrust case against the Apple App Store