Yeah... the law makers on Capitol Hill are also trying to figure if Apple is a monopoly right now. Tim and people with arguments similar to yours believe it is not. There are a bunch of people like me who do...When it comes to apps on iOS, Apple is a monopoly.
Personally, I don't think Apple is a monopoly in the conventional sense of the word, but then again, I feel the word is pretty outdated and not as applicable to modern-day business as it should be.
It used to be that a monopoly was clearly bad for the user in that it tend to result in higher prices and worse quality, because the user typically had no alternative. An example would be having only a single internet service provider in your city, meaning you had no choice but to sign up with them, however high the price or however crappy the service may be.
However, Apple enjoys the success it does today not by being the only choice in town, but by offering a superior experience that users are willing to pay a premium for. Moreso than android or windows phone or blackberry.
The other problem is that US antitrust laws to my understanding focus on whether the consumer has been harmed or not, and developers are not the customers in this context. Yeah, maybe the terms do suck for them, and that's really beyond the scope of this investigation. If anything, a case could probably be made that one of the reasons behind the great user experience enjoyed by consumers is precisely because of the onerous terms and conditions that Apple subjects third-party app developers to.
Rather, the more appropriate term appears to be aggregator. Again, through the iPhone, Apple has aggregated the best spenders, which in turn means that the apple platform is an extremely lucrative market that everyone wants a slice of. And because Apple owns the best customers, third parties will jump through whatever hoops Apple tells them to in order to access us, the end user, because that's where the money is.
And in the case of an aggregator like the iOS App Store or Amazon or even Uber, the reason why they even grew to be so big in the first place is because they offered a superior user experience over the then-incumbent, which means that users actively sought them out, rather than be forced to use them for lack of a better alternative. So it is possible that regulating an aggregator would actually result in the end users being worse off, even if the end goal is to be more "fair" to all parties involved.
The solution, I feel, is that if you want Apple to be held "accountable", the existing laws have to be revised and updated to make sense in the current business context, rather than trying to twist and contort existing legislation to try and make Apple guilty of something they are not.
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It would help if all publicly traded companies had to publish income break outs that covered all income. If Apple did not intentionally hide income information rather than break it out completely everyone would know the significance of the "App Store Income". Maybe Apple stock holders who are not sheep should force this accounting change on Apple from within.
It would help some, but I feel it gets tricky when coming to a company like Apple where some divisions are profit-makers while others are clearly subsidised.
For example, while the iOS App Store is clearly and undeniably profitable (though we don't know to what extent), there are also many services that Apple also offers for free, such as Siri, iMessage and apps. They earn no money on their own, but it doesn't make sense to charge for them because they form the core of the Apple experience.
What's to stop Apple from saying something like "Yeah, we make X amount on the iOS App Store, but we also lose money on Maps, and we use the profits from one segment to offset the other?"
Does it even make sense to look at the iOS App Store in a vacuum? And who gets to decide what a reasonable margin for it is even?