2023-04-25 09:56:00
For American justice, Apple is not in a monopoly position in the distribution of mobile applications. But the apple group must still modify some of its practices, which might potentially allow developers to avoid the 15% or 30% commissions levied on purchases or subscriptions made from their applications.
On Monday, April 24, the San Francisco Court of Appeals upheld the first instance judgment in the lawsuit between Apple and Epic Games, the publisher of the Fornite game. The designer of the iPhone was successful on nine of ten counts. He will thus not have to open his iOS system to other shops. Nor to authorize alternative payment systems directly in the applications.
Buttons and external links allowed?
On the other hand, the American justice ruled that its so-called practice ofanti-steering was illegal. This consists of prohibiting developers from redirecting their users to a website to make a purchase or subscribe to a subscription. Much criticized, it is at the heart of the antitrust procedure launched by Brussels. Last year, Apple had softened its position by lifting this ban on so-called reading applications, such as Netflix and Spotify.
Concretely, Apple might soon be forced to let developers add “boutons” et “external links” to their site. The implementation of this measure remains uncertain because justice has not established detailed rules, nor specified whether the group might still charge commissions. Furthermore, its entry into force is suspended pending a possible appeal, potentially before the Supreme Court of UNITED STATESthe highest court in the country.
DMA will accelerate the changes
Even in the event of defeat on this specific point, the financial impact might be limited for the designer of the iPhone: external transactions will indeed be more tedious for buyers and more complex for developers. The group seems more threatened by the entry into force of the next European Digital Markets Act, which will allow the installation of third-party application stores.
Epic sued Apple in August 2020 following Fortnite was removed from the App Store for violating the rules ofanti-steering. The publisher then denounced “anti-competitive and monopolistic practices”, pointing out that it was impossible to download applications without going through the Apple store. And that it was also mandatory to use its payment system. The apple group defended itself by asserting its desire to create “a safe and secure environment” for its users.
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