A series of iPhone 16s on display inside the Apple store at Tun Razak Exchange in Kuala Lumpur, Malaysia, on Sept. 20, 2024.
Annice Lyn | Getty Images News | Getty Images
Britain’s competition regulators on Wednesday took aim at the mobile ecosystems of Apple and Google, pushing the two companies to make changes to areas like their app stores.
On Wednesday, the Competition and Markets Authority proposed designating the U.S. tech giants as having a “strategic market status” or SMS, after opening an investigation into the matter in January.
This designation is given to a large company that has “substantial and entrenched market power” and a “position of strategic significance” with respect to a digital activity in the U.K.
The CMA can force firms that are branded as having SMS to change or stop specific behaviors or practices in order to address competition concerns.
Apple and Google both took issue with the CMA’s proposals, effectively saying they would be bad for user security and consumers overall.
What has the CMA taken issue with?
Britain’s regulator focused on investigating Apple and Google’s mobile operating systems, app store and browser. One aspect of the investigation looked at whether there are barriers that may prevent other competitors from offering rival products and services on the U.S. tech giants’ mobile platforms.
Another part of the probe examined whether Apple and Google are using their position in operating systems, app distribution or browsers to favor its own apps and services.
And the final aspect of the investigation studied whether Apple and Google require developers to sign up to “unfair terms and conditions” in order to distribute their apps via the respective app stores.
The CMA on Wednesday said consumers and businesses have raised concerns about different issues across the two companies’ mobile ecosystems. But some of these include “inconsistent and unpredictable app review processes” and “inconsistent app store search rankings” that may favor the tech giants’ own apps.
The British regulator also took aim at the up to 30% commission charged by the firms on some in-app purchases and restrictions on developers telling customers about cheaper ways to pay or to subscribe outside of the app.
As part of Google and Apple’s review process to allow apps on to their app stores, developers raised concerns that the tech companies could have access to commercially sensitive data of their competitors, the CMA said.
Google’s Android operating system commands just over 61% market share in the U.K., while Apple’s iOS has just over a 38%, according to Kantar data. Google runs the Google Play store and Chrome browser, and Apple has its App Store and Safari browser.
What changes does the CMA want?
The CMA has laid out immediate changes that it wants to see, alongside some longer-term steps. The regulator said that it wants Apple to review apps for distribution in a “fair, objective and transparent manner.” This could include remedies such as Apple explaining delays or rejections and creating an avenue for businesses to raise concerns about the process.
Apple could also be made to publish a methodology for how it ranks apps in the App Store. The CMA has laid out similar remedies for Google.
The regulator is looking at how Apple and Google can make it easy for users to be steered by developers outside of an app to pay for services and products, thus avoiding their respective in-app purchase fee.
The CMA is also looking into ways to make it easier for users to transfer data between Apple’s iOS and Google’s Android to make switching easier.
For next year, the CMA said it is still looking at whether to require Apple to allow alternative app stores in iOS and the company’s iPad software. The regulator also said it is exploring whether to force Apple to allow users to download apps directly from a developer’s own website, a practice known as “sideloading.”
Apple and Google react
Apple said in a statement that the proposals from the U.K. “would undermine the privacy and security protections that our users have come to expect, hamper our ability to innovate, and force us to give away our technology for free to foreign competitors,”
“We will continue to engage with the regulator to make sure they fully understand these risks.”
Google’s Senior Director of Competition Oliver Bethell noted that both the Google Chrome browser and Android’s operating system are built on open-source code.
“These offerings enable great choice, security and innovation for users. That’s why today’s announcement is both disappointing and unwarranted,” Bethell said.
The Google executive highlighted ways in which Android has helped British developers and the economy.
“It is therefore crucial that any new regulation is evidence-based, proportionate and does not become a roadblock to growth in the U.K We remain committed to constructive engagement with the CMA for the duration of this process,” Bethell said.
U.S. tech giants face European scrutiny
Apple and Google’s regulatory problems on the continent of Europe continue to deepen.
In April, European Union regulators hit Apple with a 500 million euro ($587 million) fine for breaching the Digital Markets Act (DMA) — a landmark law aimed at tackling tech competition issues.
Apple has been forced to make a number of changes to the way it operates in the EU this year. These include allowing developers to tell their users about cheaper alternatives and bypass Apple’s in-app payment system.
However, some of the changes have yet to satisfy the EU regulators. Apple in June revealed a complex system of App Store fees in a bid to comply with the DMA and avoid the 500 million euro fine. Apple plans to appeal the fine.
Apple has long argued that forced regulator-led changes to its operations could lead to privacy and security issues for users and confusing business terms for developers
In March, Google parent Alphabet meanwhile was accused by the EU of failing to comply with the DMA. The European Commission, the EU’s executive arm, said Google is treating its own search services more favorably than those of rivals. The Commission added that Google’s app store is preventing developers from steering consumer to other channels for better offers.
The search giant is also looking to fight a 4.1 billion euro fine that has stemmed from an antitrust case dating back to 2018.
