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Apple loses UK App Store monopoly case, penalty might near $2B

crims0n

Honest question, what do people think is a fair percentage? The platform development, app hosting, payment processing, and quality control is surely worth something.

gpm

As long as Apple requires they make use of those services for me to install software on the computer I bought, and they prevent others from producing equivalent competing devices via patents (i.e. government granted monopolies), zero.

It's not that it's not worth something, it's that they're abusing their patents and monopoly to extract further compensation after I already bought the device.

itake

Mobile apps mobile app fraud empties life savings accounts. I agree there should be personal accountability, but that clearly hasn't been working. Installing an app shouldn't eliminate 30 years of life savings.

kelthuzad

This is the "think of the children" equivalent that is being regurgitated ad nauseam. Anyone who pretends that Apple cares about anything other than profit is lying to others and themselves.

>I agree there should be personal accountability, but that clearly hasn't been working.

It has been working on Android just fine. And if Apple is supposedly so concerned with security, then why did it take them so damn long to implement a simple mechanism to stop thieves from simply changing your password using your pin? Only after relentless pressure did they implement additional security, which took them far too long. The "security" ruse is nothing but propaganda to protect Apple's monopoly on app distribution.

[0] https://tidbits.com/2023/02/26/how-a-thief-with-your-iphone-...

cedws

You had the choice to buy another phone.

bitpush

When you plug in a non-Apple USB cable to charge your iPhone, or use a third-party phone case, or use Anker power bank .. do you wish you had none of these choices, but only use whatever Apple branded cables, and phonecase and power banks existed?

If you want to buy Apple cables because you think it is better, sure - that's great. But preventing ugreen cables from working makes no sense.

You shouldnt say 'buy a different phone' if you want to use ugreen cables.

If you're a consumer, you should be on the side of more choice and more competition. If you're a Apple/Apple employee, you should 100% say what you just did :)

gpm

I did not have a choice to buy another equivalent phone because patents legally forbid other companies from producing equivalent phones.

If Apple wants to take that defence, they should be required to have abandoned every patent they own on iPhones prior to my purchase of the device.

furyofantares

We also have the choice to make different laws.

makeitdouble

And Apple now have the choice to change their business practices.

echelon

There are two phones on the market. Android and iPhone.

The Government needs to break up this duopoly.

Mobile should have hundreds of choices, three or four OS options, and free web-based installs without a gatekeeper or taxation.

Mobile providers shouldn't be able tyrannically set defaults for search, payments, or anything else either.

fruitworks

not really. I have two options: android or ios. And android is following ios lockstep with practices like the recent changes to play integrity.

bloppe

Someone asks this every time, and the answer is always the same. Fair pricing can only be discovered in a competitive market. The problem is that Apple moves heaven and earth to prevent competitive markets from doing their thing.

That being said, this is the UK, where even in a reasonably competitive job market people can still sue their employer for "unfair pay" [1], so maybe the thinking here is a bit different than my silly classical liberal brain

[1]: https://www.bbc.com/news/articles/cj0817jd9dqo

bitpush

This question is valid only if Apple lets apps host their own apps, bring their own payment system.

Apple bans all such activities, has held the entire app ecosystem and seeks rent. If they think their offering is superior, then they should be OK competing. The fact that they have not opened it up says that they are happy to overcharge.

Remember, competition is always good. Let Stripe and Apple duke it out on payment processing, and let the best one win.

Let games me hosted both on Epic Store and App Store, and let users decide where to download it from.

That will be fair.

thewebguyd

> Apple lets apps host their own apps, bring their own payment system.

And also not require those apps to be also approved by Apple, which they are trying to do with AltStore and the DMA.

Users should be able to go to a dev's website, pay them directly, and download the ipa and install it with a click from the website. Having to go through any kind of "app store" at all should be optional.

Devasta

Hardly always good. The mobile app ecosystem on both iOS and Android is a morass of freemium games and ad slop, because the market has determined that hooking one whale is more important than creating a quality product.

The competition will find the most profitable process, not the one that serves customers best necessarily.

The biggest change the iPhone users are going to see an increase in spyware. They'll also notice in a few years a bunch of websites go Chrome only.

crims0n

So in this scenario would Epic then need to develop and maintain their own toolchain and SDK for their app store? The development tools and education are also worth something, Epic shouldn’t get that for free.

lukeschlather

Epic has a toolchain and SDK for their own app store. So does Valve, and many other competitors, and Apple won't let them install their toolchain on iOS.

jen729w

Dystopian story plot:

Apple completely opens up the iOS platform. Do whatever you like.

Also, an XCode license is now $20,000/year. Don’t like it? Build your own.

someotherperson

How much of a fee do you think you should pay to install applications on your computer? The same amount as that.

Or provide alternative ways to install software.

This is a problem of their own creation.

chongli

As soon as you open the door to side-loading, you'll have scammers and data-siphoners force all their users to side-load so that they can completely bypass Apple's privacy controls and security features. The entire iOS ecosystem is built on the App Store review process as a gatekeeper for entitlements and the capabilities they grant (through API access).

How do you solve that problem for side-loaded apps?

anonymous908213

Sideloading, AKA "installing software on your device", is something PCs have been handling just fine for decades. It's fine to warn the user when they're going off the beaten trail, but do not lock them in a cage to prevent them from doing so.

If they ignore the warnings and get scammed because they are unable to identify reputable software from disreputable software, they learn a life lesson. Life goes on. There should be no societal expectation that everyone is prevented from ever taking an action that could bring themselves harm, by preventing them from taking actions at all.

monkmartinez

Does Apple have an explicit guarantee that apps can not scam or data siphon from an iPhone or iPad app?

dreamcompiler

How is it that I can load MacOS apps from anywhere, and yet they don't "completely bypass Apple's privacy controls and security features"?

gt0

For me it's not about the percentage, it's that it is a monopoly. If I make an iPad app, my only route to market is Apple.

That is before I get into my personal objection to having to ask permission to put software on a computer I bought. I own an iPad but I can't just install anything I want on it, Apple needs to approve the software first. For me that's just anti-creative and anti-everying-I-love-about-computers.

All I really want as a software developer is to be able to write software and have people use it if they choose to. I don't want Apple or any other company inserted as a middle-man.

gortok

“Quality Control”?

Outside of the absolute bare minimum to check this box for a plurality of observers, I can’t imagine anyone actually saying the App Store has a quality control process with a straight face, especially not one that would be championed as acceptable as a market practice.

Rohansi

The App Store "quality control" does its job (or tries to) to make sure developers aren't breaking their arbitrary rules. They would never actually do quality control because they benefit from all the junk being pushed to the App Store through their cut, search ads, etc.

Sophistifunk

Thing is that's a question for the market to decide. Which is why we have anti-trust / anti-monopoly laws in the first place. We don't want the state setting "fair" prices for anything, it always backfires. We want them ensuring the market is free to set prices. Monopolies granted by the state (trademarks, copyright, patents) are specific and limited, and ideally we want monopolies that arise naturally to be similarly limited, or broken up if they are being weaponised against the public.

yupyupyups

Allow developers to distribute their apps outside of the app store, the cost apart for firmware maintenance and development will be 0.

Apple is not bringing its users value by prohibiting sideloading of arbitrary apps. Rather, this is an extreme example of rent-seeking which has affected almost all countries around the world. It needs to be regulated away.

mikeiz404

The EU tribunal judgement documents are here...

https://www.catribunal.org.uk/judgments/14037721-dr-rachael-...

giobox

This isn't an EU judgement.

aydyn

same difference dont get pedantic

celsoazevedo

It's something worth pointing out as the UK isn't in the EU anymore.

null

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abtinf

In English law, is there a clearly defined, well understood, written standard of “fair”?

ocdtrekkie

I don't know, but when every single business on the planet has to pay you 30% for access to mobile device users, it definitely isn't.

jjtheblunt

How do web pages accessed from (for example) Safari cost the publisher 30% of a subscription fee, when a subscription might be established off mobile first?

bigyabai

How are web pages analogous to installing mobile software, in this particular example?

JimDabell

> when every single business on the planet has to pay you 30% for access to mobile device users

That doesn’t describe Apple’s situation though. Most businesses don’t distribute software at all; those that do mostly don’t need to distribute native iOS apps; those that do mostly don’t need to pay App Store fees; those that do mostly have to pay 15%. It’s only a fraction of a fraction of a fraction of a fraction that need to pay 30%.

giobox

> those that do mostly have to pay 15%

This case only concerns Apple's App Store fees before 2020; it was a blanket 30% charge for paid apps until they introduced those changes following the whole Epic Games legal saga etc.

Apple are not paying a penalty for anything after 2020 when the new rules allowing those with lower turnover to pay 15% came into effect etc.

> It’s only a fraction of a fraction of a fraction of a fraction that need to pay 30%

During the first 12 years of the App Store, everyone paid 30%.

bigyabai

All those percentages are arbitrary, none of them are set through natural competition.

Good on the UK for not backing down. 15% or 150%, Apple should not be exempted from participating in a true market economy.

null

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ur-whale

The financial penalty is peanuts for AAPL.

More interesting would be if they'd be forced to allow other app stores.

ocdtrekkie

I think both third party app stores (without aggressive scare screens) and third party payments will be globally available on both platforms in the next few years. But it will take some time for enough piecemeal jurisdictions to require it for it to become burdensome for the companies to have different options in different regulatory regimes, and to make it no longer worth blocking in jurisdictions which haven't ruled against them yet.

stavros

Yeah but Apple always required signing, and Google is moving to that too, so they can simply charge you an exorbitant amount to get your app signed, moving the money maker from the store to the dev environment.

1oooqooq

https://github.com/deckerst/aves/issues/1802

and google is surreptitiously flagging several of the top alternatives to their spyware bloatware on android, as a prelude to the change.

this is clearly an action that can be easily attributed to incompetence, but is a thinly veiled way to ensure a flood of verified open source joining early on the ransom for signing whitelist.

ocdtrekkie

Now that the regulators are actually saying this is a problem I suspect these schemes will be addressed much faster. I'm pretty stunned Google announced that just after losing the case, because it's so remarkably stupid. Judges do not like being screwed with.

tehjoker

interesting I suspect the UK uses the same Regan Era definition of monopolistic practice as the US, meaning monopoly is fine so long as prices seen by consumers are low (or rather not provably raised)

dmix

The UK adopted the EU antitrust model in the 1990s and still kept it after Brexit. So it's has a lot more stuff about 'fairness' and controlling markets, it's not just about prices or monopolies abusing their market position or blocking mega mergers. At least on paper...

awillen

"The CAT said in its ruling that developers were overcharged by the difference between a 17.5% commission for app purchases and the commission Apple charged, which Kent's lawyers said was usually 30%."

Where does the 17.5% come from? I can't find it here or in the link Reuters article. Is that just the number that the tribunal decided was fair? If so I'd love to read the analysis of how they got there.

bmandale

"""

919. The comparators available to us (the Epic Games Store, the Microsoft Store and Steam’s lower headline rate) suggest that the competitive rate of commission would be in the range of 12 to 20%. We do think it is reasonable to make some adjustment to that range to accommodate the points made by Apple about its premium brand, the quality of its offering and its established market position. However, we do not think those would be sufficient to displace the upper end of the range and are likely to operate mainly at the lower end, where the offerings are arguably less attractive to users for those reasons.

920. Applying again an approach of “informed guesswork”, on the basis of the evidence before us, we find that the likely range of Apple’s Commission for iOS app distribution services in the counterfactual is between 15% and 20%. For the purposes of quantifying the overcharge (for both the exclusionary abuses and the excessive and unfair pricing abuse) we will use the mid-point of that range, which is 17.5%.

mikeiz404

I haven't dug through the linked documents but it's probably in here some where... https://www.catribunal.org.uk/judgments/14037721-dr-rachael-...

europeisdoomed

how can I sue Google and Apple for not letting me change my device’s MAC address (Pixel and iPhone) and internet companies for leaking my IP addresses for tracking my internet activity or to track me. Does it violate GDPR requirements?

citizenpaul

So like 12 days profit for them if it pans out? I'm sure they will learn their lesson.

bobro

Looks like their net profit globally is like $90-100B per year. If you think of the share of profit that's coming just from the UK, this is probably very sizeable as a penalty.

dmix

apparently people will make this same comment every single time whether it's a $2M fine or a $2B fine

ryandrake

Why even have fines when they amount to an insignificant cost of doing business? What is the purpose? If the purpose is to deter companies from doing some thing, then a fine that equals a tiny number of days revenue is not providing any kind of deterrence.

jahewson

Isn’t this a counter factual that can’t be proved? How do you know it won’t deter other companies?

null

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stavros

That's why you head them off with $3Q fines.

CamperBob2

(Shrug) Illegal with a fine is legal for a price. Apple can easily afford the price.