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Exactly.

The less money flows to Apple in transaction costs, the more money all these innovative third-party developers receive, to invest in their innovative app development.
I like Steve's idea... EU wants to cut Apple then Apple start playing ads throughout the app install process to make up for lost revenue ;)

Push back.
 
I'm curious. Does the DMA contain metrics? Does it lay out its intended effects? How does it measure them?

Also, you say "customers and consumers will benefit" but you also say that's not intended. How do you know they will benefit? What are the metrics?
Well not the DMA itself, it’s the the founding treaty of EU that guide them and other related laws that are the metrics. EU works from the assumption that a free market with healthy competition that can compete on the metrics is good for the consumers irrespective of the cost goes up or down.

You can read the study Impact assessment support study.
You can read the executive summary (36 pages) or the annexes (515 pages)

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As you can see from the TFEU above the goal of EU and the commission is in regards to competition and ensure the competitive capacity of undertakings.

The EU uses the threshold of dominance in Article 102 TFEU.

A dominant position is the power to behave to an appreciable extent independently of its competitors, its customers, and consumers (Hoffmann-La Roche). Article 102 prohibits collective abuse of dominance: by “one or more undertakings” (Airtours). Mere possession of the required degree of market power is not sufficient. “Abuse” is not defined but various cases exemplify this conduct in particular sets of circumstances: see for example, (Hoffmann-La Roche; Deutsche Telekom AG, para. 174). Article 102 identifies, non-exhaustively, potential problem conduct in paras. (a)-(d) as: imposing unfair purchase or selling prices or other unfair trading conditions; limiting production or technical development which prejudices customers; discriminatory conditions on trading partners; and imposing obligations which have no connections to the dealings.

A dominant undertaking has a special responsibility in the EU not to allow its behaviour to impair genuine, undistorted competition on the internal market (Michelin, para. 70). It is not, however, the role of Article 102 to protect less efficient competitors.

  • Exclusive dealing agreements: whereby a customer is required to purchase all or most of a particular type of good or service from a dominant supplier and is prevented from buying from others.
  • Granting of exclusivity rebates: purported loyalty schemes that are equivalent in effect to exclusive dealing agreements.
  • Tying one product to the sale of another: thereby restricting consumer choice.
  • Bundling, similar to tying: whereby a supplier will only supply its products in a bundle with one or more other products.
  • Margin squeezing: vertical practices which have the effect of excluding downstream competitors.
  • Refusing to license intellectual property rights: whereby a dominant firm holding patented rights refuses to license those rights to others.
  • Refusing to supply a competitor with a good or service: often in a bid to drive them out of the market.
  • Predatory pricing: where a dominant firm deliberately reduces prices to loss-making levels to force competitors out of the market.
  • Price discrimination: arbitrarily charging some market participants higher prices that are unconnected to the actual costs of supplying the goods or services.
  • leveraging a dominant position by way of self-preferencing:
 

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Exactly.

The less money flows to Apple in transaction costs, the more money all these innovative third-party developers receive, to invest in their innovative app development.
Do you realise that is what enables Apple to help third party developers?

84 percent of the apps in the App Store pay nothing to Apple when you download or use the app. That’s not discrimination, as Spotify claims; it’s by design:
  • Apps that are free to you aren’t charged by Apple.
  • Apps that earn revenue exclusively through advertising — like some of your favorite free games — aren’t charged by Apple.
  • App business transactions where users sign up or purchase digital goods outside the app aren’t charged by Apple.
  • Apps that sell physical goods — including ride-hailing and food delivery services, to name a few — aren’t charged by Apple.
The only contribution that Apple requires is for digital goods and services that are purchased inside the app using our secure in-app purchase system. As Spotify points out, that revenue share is 30 percent for the first year of an annual subscription — but they left out that it drops to 15 percent in the years after.
That’s not the only information Spotify left out about how their business works:
  • The majority of customers use their free, ad-supported product, which makes no contribution to the App Store.
  • A significant portion of Spotify’s customers come through partnerships with mobile carriers. This generates no App Store contribution, but requires Spotify to pay a similar distribution fee to retailers and carriers.
  • Even now, only a tiny fraction of their subscriptions fall under Apple’s revenue-sharing model. Spotify is asking for that number to be zero.
 
because the music industry have always been about making money for the industry (execs etc) not the artist.
So it's not Spotify that's bad - it's the music industry?
The only contribution that Apple requires is for digital goods and services that are purchased inside the app using our secure in-app purchase system.
"our secure in-app purchase system"

👉 So are you working for Apple's App Store and/or their Services division/team?

Is that why you're so much advocating for Apple's right to charge what they want?
Did you receive that wording from Phil to repost and frame the discussions online?

secure in-app purchase system
...which is the only way they allow for in-app purchases.

As you pointed out basically yourself above, that is discriminatory.
Physical goods - no charge.
Ad-supported apps - no charge. (Why not? Don't the ad networks pay a share? If not, why not?)

A significant portion of Spotify’s customers come through partnerships with mobile carriers. This generates no App Store contribution, but requires Spotify to pay a similar distribution fee to retailers and carriers.
So you do confirm that a very significant of Spotify's customers come through their third-party partnerships that they freely chose to forge - not from their Apple App Store listing that they were forced to have (to have a viable app to deliver their service)?

Spotify is asking for that number to be zero
They're asking to resume offering in-app subscriptions on equal terms to Apple Music.
 
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What anti competitive behavior? Please cite some very findings?

No it’s not anticompetitive behavior.
Well these seems to be the anti competitive practices you can see on the left, and read on the documents. You can read the study in full here
You say it’s not anti competitive but the law says it is🤷‍♂️
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I like Steve's idea... EU wants to cut Apple then Apple start playing ads throughout the app install process to make up for lost revenue ;)
I like that too. 👍

👉 With those 5, 10 or 20 seconds of advertising (played for the duration it takes to install an app), Apple surely is fairly and sufficiently compensated for running their App Store and delivering that app to consumers.

Just play an ad and skip the rest of the junk fees.
No need to double-dip on charging outrageous additional commissions, or so-called "core technology fees".

After all, YouTube can do it too: Deliver their streaming service with ad revenue.
 
What anti competitive behavior? Please cite some very findings?

No it’s not anticompetitive behavior.

Restricting sideloading and alternative app stores is anticompetitive behavior as it stifles app access competition on major mobile (iOS) and tablet (iPadOS) platforms.
 
I like that too. 👍

👉 With those 5, 10 or 20 seconds of advertising (played for the duration it takes to install an app), Apple surely is fairly and sufficiently compensated for running their App Store and delivering that app to consumers.

Just play an ad and skip the rest of the junk fees.
No need to double-dip on charging outrageous additional commissions, or so-called "core technology fees".

After all, YouTube can do it too: Deliver their streaming service with ad revenue.
And every man and his dog installs ad skippers, tunes out and downloads around it. Ads are annoying and rarely lead to sales. It dangles a hope to ad buyers. ;)
 
The issue is about Apple stifling app access competition by restricting sideloading and alternative app stores on major mobile (iOS) and tablet (iPadOS) platforms.
That’s not stifling competition.
Every closed system does it.
Printers could only use certain inks. That’s why printers were cheap as. Subsidies
Claimed back over use time.

Side loading isn’t allowed on many things.

How many hate their tv experience and can change it? We have a government that wants to ensure free to air apps get first placement on smart screens and all streamers scream over how unfair it is.

Seems people like flexibility when it suits them.

You bought a phone knowing it was a locked environment. Get over it.

Buy the Android one if you want to fiddle.
It really is that simple. The choice is yours.
 
They're asking to resume offering in-app subscriptions on equal terms to Apple Music.
Okay, lets cut to the chase.

Do you agree that they get more money than Apple through their Music Service by charging more, having more active subscriptions, more advertising, getting special deals from platforms and giving less to artists?

So it's not Spotify that's bad - it's the music industry?
The Music Industry takes a lot of money from the artists. It’s a part of the contract. Just like app developers make a contract with Apple, or Google or Amazon or Fetch or Roku or NVidea Shield TV. Spotify just use the music and refuse to pay what they are supposed to (based on the very numerous law suits against them) and why artists drop them in droves.

Are you working with Spotify?

"our secure in-app purchase system"

👉 So are you working for Apple's App Store and/or their Services division/team?

Is that why you're so much advocating for Apple's right to charge what they want?
Did you receive that wording from Phil to repost and frame the discussions online?
Nah, I just borrowed it from their website. I left a link in an earlier post. Here 'tis.

As you pointed out basically yourself above, that is discriminatory.
Physical goods - no charge.
Ad-supported apps - no charge. (Why not? Don't the ad networks pay a share? If not, why not?)
Apple have always allowed app developers to put ads in their apps. They have been consistent here. Unlike Spotify who used Apple to gain a huge market share and then demand that those who signed up with Spotify when it was an in-app purchase (those very few people) will have their 15% reimbursed every month.

They could just email each of these people and tell them they are starving and need the extra 15% to eat, so could they please cancel and renew outside the app.

How about they do this, and put that 15% into an artists fund to be paid in addition to the crumbs they give artists already. Apple might listen then.

So you do confirm that a very significant of Spotify's customers come through their third-party partnerships that they freely chose to forge - not from their Apple App Store listing that they were forced to have (to have a viable app to deliver their service)?
Are you not understanding this? Spotify get most of their subscriptions through Google, who they pay 4% in a secret, (although no longer secret) deal and through their own website. Spotify just know that by going through the App Store they will get a lot more subscriptions. They want to bypass a rule that Apple has had from the start. They have proven that they could not care less about other developers and the implication that this has because they are that greedy.
 
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Well these seems to be the anti competitive practices you can see on the left, and read on the documents. You can read the study in full here
You say it’s not anti competitive but the law says it is🤷‍♂️
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So no formal finding — like a court of law. Just some justification that meets an outcome. We’ll see.
 
That’s the beauty of being a true gatekeeper (on an operating system level):

You can lock such ad-skipping software out and prevent it from running. You have total control.
So you admit you want to install ad skippers but keep the perks the ads pay for? ;)

Just wish some of the pushers wanting open iOS would actually come out and say it. They want to install stuff for free. Games. ROMs. Pirated apps. There won’t be a flood of money to anyone running an alt store. It’s about making piracy easier.

And yet you can do all that on Android already.
If I wanted it so badly, I would just fork out for another phone to play with. They aren’t expensive anymore. I bought phones just to use as media players. Never made a call on them.


I would guess the rest of us just don’t want changes made to allow this because we see the possibility of bad actors leveraging the openness for nefarious activity.

The barebones changes Apple is being forced to make won’t make you happy. Still has fees to Apple, still needs digital signing. Not the free for all you wanted yet specifically meets the EU directive. Like a badly specified set of system requirements from a user who didn’t clearly know what they wanted and how the hardware works ;)
 
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because the music industry have always been about making money for the industry (execs etc) not the artist.
the delivery method might have changed, the business model hasnt ;)
Including Apple Music then, yes. A few extra fractions of a pence in the pound doesn’t make Apple the musician saviour people around here seem to think it does, I’m afraid.
rarely lead to sales
No one likes ads, but what an outrageous claim 😂 this is the type of thing that certainly needs to be backed up with a couple of proofs if you have them.
 
What the law is about is different to the reason Spotify complained. They complained because they want the benefits of the App Store without paying for it. Apple contributed to Spotify being so successful and Spotify don’t want to pay Apple, in the same way they don’t want to pay the artists who made them rich.

If a relationship doesn’t work. Get out. Which is why so many artists are dumping Spotify. OMG, the number of law suits against Spotify for ripping off people…
That’s not why they stopped in app purchase it was because of Apple Music it’s to do with Apple Music being 9,99 & for Spotify it would have to be 12,99 with in app purchase because of the fees Spotify used in app purchase from the start it was only when Apple launched Apple Music things got ugly
So stop spreading miss truths
 
That’s not why they stopped in app purchase it was because of Apple Music it’s to do with Apple Music being 9,99 & for Spotify it would have to be 12,99 with in app purchase because of the fees Spotify used in app purchase from the start it was only when Apple launched Apple Music things got ugly
So stop spreading miss truths
Please don’t call me a liar.

What you said is exactly what I said. The difference is you think Spotify should get access to the App Store for free. FREE!! Spotify could also have charged $9.99 but would have to take 15% (don’t exaggerate it’s not 30%) but some of that would have reduced their net amount. Thats exactly what the cost is for.

There is a cost in using the App Store, and Spotify would get all of the many benefits of that. They just wanted all the benefits for free. How scummy is that?
 
Please don’t call me a liar.

What you said is exactly what I said. The difference is you think Spotify should get access to the App Store for free. FREE!! Spotify could also have charged $9.99 but would have to take 15% (don’t exaggerate it’s not 30%) but some of that would have reduced their net amount. Thats exactly what the cost is for.

There is a cost in using the App Store, and Spotify would get all of the many benefits of that. They just wanted all the benefits for free. How scummy is that?
But Apple Music doesn’t play by the same rules & that’s the point.
Again there was no issue with in app purchases until Apple Music launched if as YOU say they want to use iOS for free then why did they use in app purchase in first place
At the end of the day this is about sweet money for Spotify to charge 9,99 on iOS it means they would lose money
 
If Cook released a video, explaining to EU citizens that their "leaders" were forcing Apple to pull out on ___ date, and as a consequence, there would be no more Apple products to buy, there would be such an outcry that the "leaders" would back down within an hour and reverse course. Because if they didn't, it's bye bye. And if there's one thing a corrupt, megalomaniac cares about more than money... it's power.
The utter delusion that some Americans think Apple has some social power hold on people in the EU like it does in the US.

People will just buy a Galaxy or Pixel because they don't give a hoot about iMessage or "broke boi" marketing trash.

We use WhatsApp/telegram/Line etc and don't use a phone that everyone can buy on instalments to show how wealthy we are.
 
But Apple Music doesn’t play by the same rules & that’s the point.
Again there was no issue with in app purchases until Apple Music launched if as YOU say they want to use iOS for free then why did they use in app purchase in first place
At the end of the day this is about sweet money for Spotify to charge 9,99 on iOS it means they would lose money
Then they can charge what they want.

Spotify are perfectly capable of taking payments from their own store and get the free ride as they continue to do now, for nothing in the App Store. But they want both. They want to take app payments through Apples Secure Payment system and not pay a dime for it.

We are obviously looking at this from different sides of the room. I think if people want to use a service, they should pay for it. You think they should get it for free.

Saying that, Spotify still charge more than Apple despite going through their own store, they have ad supported versions and get revenue for that. They under pay royalties and they have a much bigger market share. Spotify are not losing money compared to Apple. Despite all that, Apple raised their prices in 2022 and Spotify raised them higher again in 2023. They didn’t have to do that. Apple raised them to pay more royalties. Spotify raised them to 'give customers a better experience'. In fact they stopped giving royalties to artists with less than 1,000 streams….

So, you support Spotify's greedy, artists sucking business model. Got it.
 
What anti competitive behavior? Please cite some very findings?

No it’s not anticompetitive behavior.
So no formal finding — like a court of law. Just some justification that meets an outcome. We’ll see.
Well the preliminary findings was done 1 year ago… Apple just need to defend themselves currently. And personally I don’t think Apple will be fined 500 milion (0.13%) more likely they will target closer to 10~20 billion(2~5% of max 10%) instead of 0.13%…

A "Statement of Objections" is a document that expresses the European Commission's interim view on possible violations of European competition law under investigation and is not a final decision. Recipients of this document are entitled to express their opinions, including, without limitation, objections

The Commission takes the preliminary view that Apple's anti-steering obligations are unfair trading conditionsin breach of Article 102 of the Treaty on the Functioning of the European Union (‘TFEU').

In particular, the Commission is concerned that the anti-steering obligations imposed by Apple on music streaming app developers prevent those developers from informing consumers about where and how to subscribe to streaming services at lower prices. These anti-steering obligations:​
(i) are neither necessary nor proportionate for the provision of the App Store on iPhones and iPads​
(ii) are detrimental to users of music streaming services on Apple's mobile devices who may end up paying more; and​
(iii) negatively affect the interests of music streaming app developers by limiting effective consumer choice.​

If the Commission concludes, after the company has exercised its rights of defence, that there is sufficient evidence of an infringement.

Not all collectively dominant conduct will violate Article 102 TFEU. As established and confirmed in several cases before EU courts and the commission, prima facie abusive conduct by dominant firms will be acceptable for one of three reasons:

  1. Objective Justification
  2. Efficiencies
  3. Abuse in relation to proprietary rights
DefenceRequirement to invoke the defence
Objective justificationThe conduct of a business participating in collective dominant practices will be justified, if it is shown that:
i. The conduct was objectively necessary (i.e. indispensable)
ii. The conduct produces significant benefits which outweigh any anti-competitive effects on the market
iii. The anti-competitive conduct is proportionate to the alleged goal being sought by the dominant firm
Examples of objectively necessary conduct that might be sought by a dominant entity include protection for health and safety reasons, protection of the environment.
Efficiencies
(i.e. Benefits)
A dominant firm seeking to rely on this defence will be expected to show that:
i. There is or is likely to be a benefit from the conduct.
ii. The conduct must be necessary with no alternatives that could produce less anti-competitive effects
iii. The benefits outweigh any anti-competitive effects
iv. The conduct must not eliminate all competition
Abuse in relation to proprietary rightsThis defence usually applies in the context of a dominant firm refusing access to its property or proprietary rights. This could involve access to intellectual property rights or access to physical property.A dominant firm can rely on this defence if it can show that:
i. The restrictions are necessary to protect competition.

So an opinion. Thanks.
Well… the DMA is law now so it’s anti competitive.

investigation was ongoing.
According to the Commission, Apple's practices that very likely is in breach of article 101 TFEU on discriminatory pricing in article 102 TFEU on abuses of dominance,
If an ongoing investigation by the European Commission finds any harmful effects, remedies on different levels can be implemented to prevent the exercise of bargaining power via the App Store. Thus, a level playing field between proprietary Apple apps and third-party services could be achieved.
App providers offering digital content or services (such as Netflix or Spotify) must pay a high commission (30% in the first year) on in-app purchases. However, providers of “physical” products (such as Uber or Amazon) do not have to pay such a commission.
Some app providers complained about the high fee and questioned the legitimacy of the distinction between the two categories of apps.

When third-party app providers pass the fee onto the subscribers, end customers are negatively affected as well: if they subscribed on the app’s own website, they might have to pay a smaller price. In addition, it can be argued that fee is discriminatory because only digital services that are delivered inside an app are charged while apps like Uber and Airbnb (“delivery” outside the app) are not charged.
It can also be questioned if Apple treats all app providers the same in the App Store. In the case of Amazon Prime, a reduction of the fee by Apple was offered to attract the popular service on the platform. If only larger and popular apps enjoy financial benefits, this represents a major financial challenge for smaller app providers and consolidates established market structures.

  • A margin squeeze: A dominant undertaking may charge a price for the product on the upstream market which, compared to the price it charges on the downstream market does not allow even an equally efficient competitor to trade profitably in the downstream market on a lasting basis (a so-called 'margin squeeze"). In margin squeeze cases the benchmark which the Commission will generally rely on to determine the costs of an equally efficient competitor are the LRAIC of the downstream division of the integrated dominant undertaking. It has no equivalent under US antitrust law,
  • Price discrimination: Undertakings with a dominant position are prohibited under EU competition law from applying "dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage."(Article 102 TFEU)
  • Self-preferencing: involves actions by an undertaking which are designed to favour its own products or services over those of its competitors.
all the above 👆 are illegal antitrust violations in EU
Just by going with official information I find it very hard for Apple to not fall within these three antitrust categories with their actions.
 
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The utter delusion that some Americans think Apple has some social power hold on people in the EU like it does in the US.

People will just buy a Galaxy or Pixel because they don't give a hoot about iMessage or "broke boi" marketing trash.

We use WhatsApp/telegram/Line etc and don't use a phone that everyone can buy on instalments to show how wealthy we are.
/rant?

Facts = Pixel 8 & Galaxy 23 are more expensive than the iPhone 15 Pro.
 
Facts: can get a pixel 8 for 1 euro with a contract. Same contract requires an initial payment of 400euro or more for an iPhone 15 pro.
I was talking about retail prices, not deals or free Galaxy buds or whatever other tactics companies use to put people on contracts. If you get a phone on a contract, you generally don’t own that phone until the contract is complete or you pay a penalty if you cancel the contract.
 
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