Dutch Antitrust Watchdog to Investigate Whether Apple Gives Itself Preferential Treatment in App Store [Updated]

[Cosmosent]

RE: "In a statement issued to CNN, Apple said it is "confident" the probe "will confirm all developers have an equal opportunity to succeed in the App Store.\"


That's total BS on AAPL's part !

AAPL has a Complete & Total Stranglehold on App Discovery !

AAPL even self-sabotaged it's own position when it Released it's Clips app & has given it preferential treatment in the iOS App Store numerous times since it's Release !

AAPL's top priority wrt to the iOS App Store is to "Control the Narrative".

They don't & won't promote the Best Apps, they promote the apps that are best-aligned with their own Self-Interests.

AAPL's Users have suffered for years because of this.

The iOS App Store is catastrophically broken !

 

[NMBob]

Didn’t even know the Netherlands cared.

Layers, politicians and money are a universal combination.

 

[truthertech]

I can understand many people’s view that Apple built the App Store so they can do what they want. However, the key difference between EU and US consumer law is that where situations occur where corporate interests conflict with consumer interests, even if no party is doing anything “wrong” then the US tends to support corporates (which normally means doing nothing) whereas the EU will impose a solution that favours the consumer. It’s got nothing to do whether it’s morally and commercially right or wrong, it just levels the playing field.

You have it backwards. In the US the law is focused on protecting the consumer. Hence, if there is no harm to the consumer through unfair competition/anti-trust behavior, e.g., getting together to set prices, etc., , then there is no need for enforcement action. In the EU, the focus is on fostering competition between companies, even if there is no harm to consumers. Hence, the App store policies have undeniably been of benefit to consumers as most apps are FREE or cost a tiny amount. Indeed, since the App store creation, the cost of Apps to consumers has plummeted, and the number of companies competing has exponentially increased.

It's again undeniable, that because of the App store, consumers around the world are able to pick among millions of Apps at incredibly low prices. If there wasn't an App store, consumers wouldn't even be aware of these millions of Apps or have the confidence in the security of them to use them, an easy method to purchase, etc., etc.

In the EU, the question will be whether the App store policies interfere with competition between the companies, not whether consumers have benefited. Objectively, that should be an easy answer. Apple has something like .0001 percent of the million apps. Without the App store, the vast majority of app developers on it couldn't exist. The App store has been the single biggest boon for companies, especially small ones, to have a business from anywhere in the world. Apple has put over A HUNDRED BILLION DOLLARS in these developers pockets.

Spotify rode on the back of the App store to become, by far, the biggest music streaming company in the world, more than twice as big as Apple Music, making a huge profit for its wealthy venture capitalists, and now doesn't want to pay to use the App store that Apple has spent billions building and spends billions maintaining.

 

[macjoshua]

Apple created a platform for developers to sell apps - they maintain it, and do a pretty good job of making the whole approach safe and easy for the end user (which actually helps protect consumers). And they make a profit off of that work. It's so crazy that a company would do something for profit... Seriously. Why would any company do all of that work and not expect some sort of ROI?

 

[batmccoy]

I don't know that they do...nor do I care. It's Apple's app store for Apple's devices. If you don't want to join the fun and offer an app, move on.

 

[whoisyourdaddy]

The problem is, you just cant say it, you have to actually PROVE IT. I have a equal chance to develop an app and have it be the most successful app ever created as you or any other developer. If Apple was being unfair if they favored themselves above others, then Apple would have the top apps all the time in the app store. Have you ever gone in it???
None of the top apps, at least top 20 are Apple apps. Either paid or free. And many are directly competing with Apple apps, whats app, facebook messenger, Spotify, Instagram,Gmail,Google Maps,Dark Sky weather,Camera2,Photoshop,Afterlight. So good luck. When a company is prosecuted for anti competitive behaviour, when they are accused of creating a un level playing field, they without exception DOMINATE the marketplace. All others are run out of business or are unable to make a profit.
That is so far from happening on the app store im shocked anyone is even bothering to investigate. Theres just way too many people that have made whole careers and retired on app store profits for this to be any kind of argument

Perhaps you can read more than a handful of sentences at a time by researching my past posts. I've stated that the burden of proof from the argument is on Apple concerning whether their restrictions are in place for protecting the free marketplace they created, their branding, or end users. The argument is that those restrictions limit choice which is anti-competitive as well. Granted, I haven't read over the filings and these are my opinions. But, I can say for certain that I have a much greater grasp on the reasons for the argument than you do now.
[doublepost=1555000428][/doublepost]

These lawyers are so good at their profession that their have all the time to post here.

Wow, I didn't know we had so many lawyers specializing in antitrust issues on MR. Even more surprising, it's also the same individuals who always criticize Apple for just about anything they do. What are the odds of that?

This is a ridiculous comparison that you must have received some sort of recognized credential to even have an opinion on a matter. Tools.

 

[vivo]

I am Dutch and developer of Phonix and I think my government are crybabies.

 

[Textime]

The whole thing is so stupid, since Apple has only free apps.

 

[MEJHarrison]

I am Dutch and developer of Phonix and I think my government are crybabies.

I can't speak about your government, but I do appreciate the opinion of someone who is actually close to the situation.

FYI, my ex-wife and son lived in Utrecht for a couple years and loved it. I've heard great things about your country. Wish I would have had an opportunity to visit them while they were over there.

 

[CarlJ]

But you can choose to go to another store, there's no other official way to get iOS apps other than the App Store itself.

But you chose which store you wanted to go to when you bought an iPhone.

 

[vivo]

I can't speak about your government, but I do appreciate the opinion of someone who is actually close to the situation.

Thanks and:
Netherlands is OK to live in it's just that some morons rule it nowadays...

 

[TroyBoy30]

of course they do...duh

 

[rafark]

So f**** what? It's their OWN store. Having an app for sale in APPLE's AppStore is not a right, it's a privilege.

 

[User 6502]

But you could have chose android. No forces you to use Apple. If Apple owns the AppStore they should be able to do as they choose with it.

That might be acceptable in America, it's not like that in other countries. One could reverse you argument and say that a country owns its laws, and if Apple wants to do business in such country must respect its laws, or go elsewhere.

 

[vivo]

Dear Developers, There is a solution, just uncheck Netherlands as release country.

That will teach them

There are 17/18 million ppl in NL and the minority uses Apple products. NO BIGGIE !!

 

[AndyMacAndMic]

So f**** what? It's their OWN store. Having an app for sale in APPLE's AppStore is not a right, it's a privilege.

Nope, that is not how it works.
You should try to inform yourself about the law. The law differs in many countries, but in none of them it works the way you describe.

 

[Rogifan]

Umm..duh. Of course they give preferential treatment to their own apps. Many times they come preinstalled even.

Other than the ones that are pre-installed how is Apple giving preferential treatment to its apps? I mean when the iPad Pro was first announced they had Microsoft on stage demoing Office for iPad for god sakes! I suppose governments could force Apple to allow users to chose other apps as their default but my guess is the number of customers who care about that is minuscule. And don’t governments have more important things to worry about?

 

[rafark]

But you can choose to go to another store, there's no other official way to get iOS apps other than the App Store itself.

And? Having the ability to download apps is an iPhone feature/invention, it's not mandatory. Apple is giving custoners the ability to download extensions ("apps"). Again, this is a privilege, not a right.

 

[Remy149]

McDonald's make their big macs themselves. A very very large portion of apps in the iOS app store are not made by apple.

If apple has no control over prices, why are some apps/services more expensive in the iOS store vs www. Example YouTube tv and Spotify.

Because those developers pass on the Apple fee to costumers instead of paying it themselves

 

[AndyMacAndMic]

Again, this is a privilege, not a right.

Again, you may think that, but that is not how it works.

 

[Rogifan]

Nope, that is not how it works.
You should try to inform yourself about the law. The law differs in many countries, but in none of them it works the way you describe.

So anybody has the right to sell an app in the App Store? Since when?
[doublepost=1555003428][/doublepost]

Again, you may think that, but that is not how it works.

That’s not how what works? Going by your logic pornography and gay conversion apps should be allowed in the App Store because Apple has no right to dictate what can and can’t be offered in their store.

 

[AndyMacAndMic]

So anybody has the right to sell an app in the App Store? Since when?

You should read the post I replied to.

I replied to: 'So f**** what? It's their OWN store. Having an app for sale in APPLE's AppStore is not a right, it's a privilege.'

That has nothing to do with what you are asking.

[doublepost=1555003635][/doublepost]

So anybody has the right to sell an app in the App Store? Since when?
[doublepost=1555003428][/doublepost]
That’s not how what works? Going by your logic pornography and gay conversion apps should be allowed in the App Store because Apple has no right to dictate what can and can’t be offered in their store.

Apple can not dictate everything they want (even in their own store). Also selling apps in the App store is not a privilege but a legal/sales agreement between the App developer and Apple. That gives the seller rights too.

The poster I originally replied to (see 4 paragraphs above) was way to simplistic with his claim.

 

[strategicthinke]

Again, they created a free marketplace which offers unbiased advertising, hosting, and related customer services to third-parties which includes their competitors in other services offered by them. Once any free marketplace is created, then you lost control over prioritizing and/or preferential treatment of your service above the competitors service. The idea that just because software operates on hardware doesn't give a company exclusive rights to infringe upon the idea of a free marketplace. Don't want a free marketplace, then don't create one by offering a service on your platform to third-parties and competitors of those services. The free marketplace is promoting unbiased choice for the user and can't be influenced by one service having certain privileges which would deter the user from choosing the competitor's service.

What about the Playstation Store? What about the Nintendo Switch e-Shop? Should they force Nintendo to accept Sony's games in their platform? Should they take away whatever extra margin that Nintendo earns on third-party software sold on their systems but that they do not have to pay for their own internally-produced Nintendo games? (I'm just using videogames as an example, the TV industry, set-up boxes and other Smart TVs are other examples of that too...)
[doublepost=1555003981][/doublepost]

Apple can't help itself. The pressure to monetize its users is driving them further into antitrust behavior. They didn't learn a lesson from the ebook thing.

Apple News. Apple conspires with most major magazines and attempted to with newspapers to corner it.

Apple games. They're doing the same with a list of devs to pump out a subscription model. If you're depending on the games for income, that's a direct threat to it.

TV plus. Apple once again is trying to bake in another service into its OS that isn't subject to the 30 percent tax and competes with netflix and others. Apple referred to it internally as their netflix killer. It'll flop but the intention is there.

Rather than engage in such behavior, I'd rather see them spend the billions in education. Providing macs or iOS devices to schools below cost. Supporting them. They need to engage young users. The billions spent on tv plus will never yield a profit either.. Get back to supporting businesses. There's PC and android share to steal.

Says the one that knows the future. ~It will flop.~ Suuuure, of course you'd know.

 

[rafark]

Again, you may think that, but that is not how it works.

The AppStore is not a public institution, it's a private entity. Apple has every right to decide who has the privilege to sell in its property and under what terms. (as long as its not driven by discrimination). Don't like their terms? Don't sell there.

 

[macfacts]

But you chose which store you wanted to go to when you bought an iPhone.

Apple chose which laws to be under when they sell iPhones in another country.