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Apple Subject to 'Special Abuse Control' Says German Antitrust Regulator [Updated]

Germany's Bundeskartellamt (Federal Cartel Office or FCO) antitrust authority today announced that Apple is subject to "extended abuse control" under the German Competition Act, which means that German regulators can prevent the company from engaging in "anti-competitive practices."


FCO president Andreas Mundt said that Apple's economic position is not adequately controlled by competition, giving German authorities the right to step in.
Apple has an economic position of power across markets which gives rise to a scope of action that is not sufficiently controlled by competition. Based on its mobile end devices such as the iPhone, Apple operates a wide-ranging digital ecosystem which is of great importance to competition not only in Germany, but also throughout Europe and the world. With its proprietary products iOS and the App Store, Apple holds a key position for competition as well as for gaining access to the ecosystem and Apple customers. This decision enables us to specifically take action against and effectively prohibit anti-competitive practices.
In the press release, the FCO says that Apple's two billion device active install base gives it a "strong power" to create rules for third parties, with Apple exerting control over customers and access to customers. Combined with Apple's resources, Apple is in a "position of power" that makes it subject to the aforementioned "special abuse control." This designation is valid for five years.

German regulators are already looking into Apple's ad tracking rules and App Tracking Transparency, a measure that requires apps to get explicit user consent before tracking them. The investigation began in 2022 with the aim of determining whether Apple's anti-tracking technology is anti-competitive.

At the current time, the FCO has not decided whether to initiate further proceedings against Apple. Alphabet/Google, Meta/Facebook, and Amazon have previously been subject to these rules. A 2021 amendment to the German Competition Act provided the FCO with the power to "intervene early and more effectively" to prevent major tech companies from engaging in anti-competitive practices.

In a statement to MacRumors, Apple said that it plans to appeal the decision, and that it does not agree with some of the claims used to classify the company as in a position of power.
Apple is proud to be an engine for innovation, job creation, and competition in every market where we operate. The FCOโ€™s designation misrepresents the fierce competition Apple faces in Germany, and it discounts the value of a business model that puts user privacy and security at its core. While we will continue to work with the FCO to understand their concerns, we plan to appeal their decision.
Apple said that the FCO is not presenting an accurate picture of the hardware market in Germany, and that the decision is not based on Apple's true competitive significance. Despite the FCO's claims that Apple's ecosystem limits customer choice, Apple says that iPhone and iPad are not stuck with the Apple ecosystem, but rather choose to use Apple products due to loyalty to the company.


This article, "Apple Subject to 'Special Abuse Control' Says German Antitrust Regulator [Updated]" first appeared on MacRumors.com

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Microsoft/Activision deal will win EU approval, sources say

Microsoft/Activision deal will win EU approval, sources say

Enlarge (credit: NurPhoto / Contributor | NurPhoto)

Last fall, it looked like trouble for Microsoft when the European Union launched an in-depth investigation into its acquisition of Activision, but it now seems that Microsoft will emerge victorious. Three people familiar with the European Commissionโ€™s opinion on the matter told Reuters that, by agreeing to make a few more concessions, Microsoft will likely win EU antitrust approval on April 25.

According to Reuters, the European Commission is not expected to ask Microsoft to divest large parts of Activisionโ€”like separating out its Call of Duty businessโ€”to win approval. Instead, long-term licensing deals of lucrative games that Microsoft has offered to rivals could suffice, in addition to agreeing to โ€œother behavioral remedies to allay concerns of other parties than Sony,โ€ one insider told Reuters.

Microsoft declined Ars' request to comment, but the company told Reuters that it is "committed to offering effectiveโ€ฏandโ€ฏeasily enforceable solutions that address the European Commission's concerns." Microsoft has previously opposed any proposed remedies forcing the merged companies to sell the Call of Duty franchise.

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Google Allegedly Pays Apple Portion of Chrome Search Revenue as Part of Secretive Non-Compete Deal

Google allegedly pays Apple a portion of all search revenue from Chrome for iOS in what appears to be a non-compete deal, The Register reports.


According to a source said to be familiar with the matter who spoke to The Register, Google has been paying Apple a portion of search revenue generated by Chrome users on iOS in return for being the default search provider in Safari and other commercial benefits. The relationship between Apple and Google is an ongoing area of scrutiny for the U.S. Justice Department and the UK's Competition and Markets Authority (CMA), which are apparently looking into the secretive search revenue sharing deal.

Google pays Apple around $15 billion annually to ensure that its search engine is the default option on Apple devices, but the latest news that Google is purportedly paying Apple for searches in Chrome for iOS as part of a search revenue sharing deal is a new development. The revenue sharing agreement is said to be known about in detail by only a small number of people. The amount Google is paying Apple and the wider terms of the deal have been redacted from CMA reports.

Apple does not provide any obvious value to users seeking to use Google Search within Google Chrome for iOS. As a result, the CMA is concerned that the payments are designed to discourage Apple from competing with Google with its own search engine, which would have major ramifications for Google's business model.

The arrangement was first alluded to publicly in an antitrust lawsuit filed on December 27, 2021 in San Francisco. In an amended PDF from March 2022 related to the lawsuit, the complaint alleges that Apple has been paid for the profits it would have made if it had competed with Google, minus the challenges and costs of actually doing so:

20. Because more than half of Google's search business was conducted through Apple devices, Apple was a major potential threat to Google, and that threat was designated by Google as "Code Red."
21. Google paid billions of dollars to Apple and agreed to share its profits with Apple to eliminate the threat and fear of Apple as a competitor.
22. Google viewed the aspect of Apple as a potential competitor to be "Code Red."
23. If Apple became a competitor in the search business, Google would have lost half of its business.


Apple and Google are seeking a dismissal for the case on account of lack of evidence of a horizontal agreement between the two companies, but the CMA's investigation now seems to suggest that such an agreement does exist.

This may explain why Apple has been reluctant to launch a rival search engine or develop Safari to the point of becoming a credible challenger to Chrome on macOS, according to The Register. Likewise, Google would be disincentivized from pushing Apple to allow a non-WebKit version of Chrome for iOS.

The result is a situation where Apple and Google see substantial benefits in maintaining each others' dominance. This division of the market is said to be "per se illegal" under U.S. antitrust laws and is likely to come under fire as more information emerges.
This article, "Google Allegedly Pays Apple Portion of Chrome Search Revenue as Part of Secretive Non-Compete Deal" first appeared on MacRumors.com

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Google Working on Browser for iOS That Would Break Apple's App Store Rules

Google's Chromium developers are working on an experimental web browser for iOS that would break Apple's browser engine restrictions, The Register reports.


The experimental browser, which is being actively pursued by developers, uses Google's Blink engine. Yet if Google attempted to release it on the App Store, it would not pass Apple's App Review process.

Apple's โ€ŒApp Storeโ€Œ rules dictate that browser apps on iOS and iPadOS must use its own WebKit browser engine. This means that while browsers like Chrome and Microsoft Edge are built with Chromium on macOS and Windows, their iOS counterparts are forced to use Apple's WebKit, making them behave similarly to Safari.

Based on the visible code commits, the app purportedly looks like the start of an alternate browser build and is still missing some key features at this early stage. Google claims that the app is merely "an experimental prototype [...] with the goal to understand certain aspects of performance on iOS," and "it will not be available to users and we'll continue to abide by Apple's policies."

Even so, Google's experimental iOS browser project could be a sign that the company is anticipating changes to Apple's platform rules that would enable it to release a truly home-grown browser. Apple's browser engine restriction is the subject of growing antitrust scrutiny, most recently by the Biden administration, which has recommended the passing of new legislation to ban "gatekeeper" companies like Apple from banning alternative browser engines on its platform.



Similar recommendations have been made by antitrust authorities in the United Kingdom, Australia, and Japan. The European Union's Digital Markets Act is expected to compel Apple to allow third-party app stores and lift its browser engine restrictions as soon as next year. At minimum, the active project means Google would have a considerable head-start on developing a Blink-based browser for iOS if one is able to be distributed in the future.
This article, "Google Working on Browser for iOS That Would Break Apple's App Store Rules" first appeared on MacRumors.com

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