Tag: Apple
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APP STORE CLAIMS: ANOTHER IMPORTANT LINK TO THE CJEU’S CHAIN IN PRIVATE ENFORCEMENT CASES
As private antitrust litigation against tech companies becomes increasingly common, courts are increasingly called upon to determine international and territorial jurisdiction for antitrust infringements that are committed in the EU without any physical location. The EU jurisdictional rule in Article 7(2) of the Brussels I-bis Regulation (Brussels I-bis) for tort cases uses the place where…
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UK digital markets regime: The Lords have their say
For those of you that have been monitoring the Digital Markets, Competition and Consumers (DMCC) Bill’s journey through Parliament, fear not. The end is in sight. Last November, my colleague Tom Smith wrote about the changes to the Bill as it was leaving the House of Commons. Since then, the Bill has received its first…
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Back in the game: Court of Appeal sides with CMA against Apple in mobile browsers and cloud gaming market investigation
Yesterday, the CMA successfully overturned the Competition Appeal Tribunal’s (CAT) ruling that the CMA’s market investigation reference (MIR) into mobile browsers and cloud gaming was out of time and therefore unlawful. This opens the door to the CMA reopening the MIR which could lead to significant remedies being imposed against Apple. Background The CMA’s MIR…
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UK digital markets regime under attack, but still on course
The Digital Markets, Competition and Consumers Bill is now in the Report Stage in Parliament before it heads to the second chamber, the House of Lords. Trawling through the 87 pages of proposed amendments this week, I was tempted to reach for a hackneyed Winston Churchill quote: “Many forms of Government have been tried, and…
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Platform divergence and geographic divergence after Microsoft/Activision and Apple v CMA
In January 2022, we first reported on the CMA’s concerns that Apple had been blocking cloud gaming apps on the App Store (Google does allow those apps on Play Store but does not allow in-app purchases to be completed within cloud gaming apps). The CMA referred this issue to a full market investigation on 22…
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Fashionably late: The UK digital markets legislation starts its passage through Parliament
More than four years after the Furman Report, the British Government has laid its Digital Markets, Competition and Consumers Bill before Parliament. However, what is perhaps more remarkable than the delays is how closely the Bill sticks to the CMA’s original recommendations. One can always quibble over some of the drafting, but overall this is…
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Into Uncharted Waters – Making sense of the CAT’s Apple/CMA judgment
In November last year, the UK Competition and Markets Authority (CMA) started a market investigation into the supply of web browsers and browser engines on mobile devices, and the distribution of cloud gaming services through app stores on mobile devices. However, Apple appealed the CMA’s decision to make a market investigation reference (MIR) in the…
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Interview with Tom Fish, Head of public policy and research at Gener8, and formerly Assistant Director at the UK’s Competition and Markets Authority
Tom Smith, Geradin Partners: November 2022 was an important month for the UK’s efforts to curb the power of big tech. The Chancellor announced in his Autumn Statement that the Digital Markets, Competition and Consumer Bill will be introduced into parliament in the 3rd parliamentary session (it is currently rumoured to be scheduled for April…
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The DMA is coming. Here’s what it will mean for mobile gaming
The App Store and Play Store are huge profit generators for Apple and Google. As explained by Judge Gonzalez Rogers in her Epic v Apple judgment of September 2021, gaming apps account for approximately 70% of all App Store revenues. According to some, this means that Apple makes more money from games than Microsoft, Sony,…
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The CMA’s investigation of competition restrictions regarding browsers
On 22 November 2022, the CMA launched a market investigation into cloud gaming and mobile browsers. In this post, I focus on this investigation as it relates to mobile browsers. This blog has already discussed cloud gaming in an earlier post, and we will return to the topic in the future. CMA market investigations must…