Chambers Student’s Post

Digital Markets Act and Apple - An insight into the power and forces of a platform Almost every time we talk to our clients about digital business models and platforms, we also talk about making access to that platform as easy, smooth and unhindered as possible to enable the platform to grow. It goes without saying that not all platforms are created equal. Large platforms have very dominant power, which is why the EU introduced the Digital Markets Act. Not all platforms are created equal, and the European Union's Digital Markets Act (DMA) acknowledges this fact. However, it's the way industry giants like Apple implement these regulations that truly showcases the extent of their influence. Large platforms wield immense power, prompting the EU to step in with the DMA. Yet, the recent maneuvers by Apple in compliance with this act - introducing additional fees and an intricate verification process for 3rd party app stores -   have raised eyebrows. EU Internal Market Commissioner Thierry Breton has issued a stern warning, emphasizing that "tough measures" await Apple if the regulations aren't met to the EU's satisfaction. The stakes are high, and the tech world is on the edge of its seat to witness how this unfolds. As we navigate this digital terrain, it's crucial for businesses to adapt and thrive within regulatory frameworks. The journey ahead promises to be intriguing, with potential shifts in the balance of power and implications for platforms of all sizes. 💬 How do you envision the future of digital platforms in light of these regulatory developments? Share your thoughts! 👇 #DigitalBusinessModels #DMA #RegulatoryInnovation #digitalplatformbusiness #pwc Luca Meister, Martin Röser, Christopher Gebauer, Arne Linnemüller, Jakob Endres, Sebastian Kreuzer, Manuel Lötzsch

Our latest deep dive briefing on the DMCC Act focuses on the CMA's new digital markets powers - with Nigel Parr, Duncan Liddell, Fiona Garside, Hayden Dunnett and Isabella Hunt As Hayden Dunnett notes, this is timely in light of the CMA's announcement today that it has closed its competition law investigations into the Apple App Store and Google Pay Store, in anticipation that any concerns will be covered under the digital markets regime. This decision also raises interesting questions (similar to those already faced by the other sector regulators) about the interplay and overlap between the CMA's existing competition law enforcement and its new regulatory powers in digital markets. #dmcc #competitionlaw #digitalmarkets #digitalregulation

Our latest update on the Digital Markets, Competition and Consumers Act 2024 focuses on the CMA's new digital market powers. Check out the update my colleagues have put together.

Thank you European Union 😘. Jesus, this will change so many things. In one month, everything will change after years of fight😁. For those who don't understand what this means, here's a simple example: On the planet, there are very few companies creating alternative stores to the Play Store, for example ONE Store Corp. in South Korea. But most alternative stores are forbidden on the Play Store....even Epic Games Store. Where Google becomes diabolical is that when you want to install the store outside Google, it displays a little pop-up, "This application is potentially malicious"... 👺 This scares the user. According to some actors in India, Google used to remove their alternative store on Android automatically... The consequence is very dramatic. Durig our tests over 50% loss of users in our case, which means we have to find other solutions to circumvent and reduce this loss. When in our tests, we have hundreds of thousands of users a day and we lose 50% because of this simple pop-up, and in certain markets where they aren't even present for example in Africa, it hurts a lot. If with Google (Android) we can find "easily" solutions, on Apple Store the system is totally closed and we have to fight to allow users using IOS to access our store and services... Yesterday, Apple decided that developers who install their app outside the Apple store will pay a commission per installation... even if the developer doesn't make any money. So concretely, if we have Gara on the Apple store, we do 1 million installs, which means we pay $400k per month according to their simulation tools... WTF🤣. Apple is the mafia. Apple & Google need to understand that when it comes to a niche product, they can do what they like, but when 1 product impacts billions of people around the world, they have immense power over the world, and therefore fall into another category of jurisdiction. The big problem with this law is that we're going to end up with a lot of stores for end users... today, there are a dozen or so in the world... tomorrow, there'll be a whole bunch. And that sucks. After South Korea, the European Union is getting in on the act...to the delight of startups like mine. This is an important momentum for the entire industry.

The #eu #dma (Digital Markets Act) is something to think about even if you don't live in the EU. It makes you think about how America and the EU view competition, as well as "consumer freedom". This article gives you a great summary. And there's a superb video about the Apple Lisa right after it. https://lnkd.in/eUpSre7j

"This may have been why the Commission switched its appraisal of the impermissible conduct under scrutiny here from the initial “exclusionary” to “exploitative conduct.” Under Article 102 of the Treaty on the Functioning of the European Union (TFEU), exclusionary conduct indirectly harms consumers by excluding rivals. By contrast, exploitative conduct directly harms consumers. Traditionally, the Commission has prioritized exclusionary-abuse cases, as it was understood that this type of conduct was more harmful in the long run (though this may be about to change). As I have pointed out above, an exclusionary-abuse case without evidence of exclusion, and with plenty of evidence of competitors thriving, would be a hard sell." 👇 Read the rest of my post on the Commission's €1.84 billion fine against Apple below 📨 Follow me on X at @Laz_Radic for more commentary on antitrust and the Digital Markets Act https://lnkd.in/gyqzhHSf

This is an interesting, but entirely correct way to put it. Apple's DMA implementation strategy is entirely transparent: it is to subject the benefit of the greater competition and fairness provisions of the DMA to the acceptance of onerous (and entirely unnecessary) requirements and unattractive financial conditions; hence ensuring the status quo. This is the tactic Apple already employed in its implementation of the remedies imposed by the The Netherlands Authority for Consumers and Markets. The European Commission should not tolerate such tactics. Apple is not beyond the law. https://lnkd.in/eWay77Cn

The Digital Markets, Competition and Consumers Bill gives the CMA new, more effective powers to promote competition in digital markets for the benefit of consumers and competitive businesses alike. The Bill will enable us to tackle barriers to competition that hold back innovation and growth. This document sets out our initial thinking on how we intend to implement the new Digital Markets competition regime envisioned by the Bill. These plans will continue to develop as the Bill progresses through Parliament. https://lnkd.in/eiUtiisd #digital #competition #consumerprotection

DMA enforcement in Belgium enters a new phase with the new powers being allocated to the Belgian Competition Authority. Read more in our latest post.

Apple's new EU measures draw complaint from 34 digital organizations . Changes Apple is making to its services in the European Union "make a mockery" of new antitrust rules in the bloc, 34 digital organizations complained to the European Commission this week. #TechTrends #TechInnovationsDaily #DigitalFrontiers #FutureTechInsights