“The Competition and Markets Authority (CMA) went on investigating last year about the dominance of Google and Apple in mobile browsers.”
On Thursday, London’s Court of Appeal overturned a lower court decision intimating that the antitrust regulator of Britain can investigate Apple’s mobile browser and cloud gaming services. The court said it could undermine its power to launch probes.
The Competition and Markets Authority (CMA) went on investigating last year about the dominance of Google and Apple in mobile browsers.
Why was Apple concerned about the investigation?
According to reports, Apple has argued that the CMA (Competition and Markets Authority) had no authority to initiate an inquiry into its business practices related to the App Store. Apple claimed that the investigation should have been conducted last June, simultaneously with the CMA’s publication of a report on mobile ecosystems. The report had concluded that Apple and Google held an effective duopoly in the market.
The Court of Appeal upheld the CMA’s appeal in March against Apple’s previous win in the Competition Appeal Tribunal (CAT).
Judge Nicholas Green, said, “It would mean that the CMA had no jurisdiction, even some years later, to investigate concerns into the behaviour of an undertaking such as Apple or Google, even if such concerns were objectively justified. The CMA would be unable to impose a remedy designed to protect consumers in the public interest.”
Judge Nicholas Green also wrote that the Competition Appeal Tribunal had lost sight of the CMA’s role to promote competition and protect consumers.
He warned the CMA of “serious consequences” if the CAT’s interpretation of the regulator’s powers was right.
Sarah Cardell, CEO of the Competition and Markets Authority, welcomed the decision, stating that it gives the CMA the support it needs to safeguard consumers and promote competition in the UK.