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Because what apple does is legal, the Dutch have to build a “special case” to make it “illegal”. The case is rested and we will see.

What is relevant is that the Netherlands had to build a special law. But they haven’t been tried and found guilty where they get to face their accuser.
Not at all, it’s all based on existing laws. Civil law courts(every EU nation use it) can’t create laws by interpretation. And I think I posted to you in another comment that apple have been in court in December, and ACM was found correct in their judgement.

Only the elected body can legislate new laws, a court can’t do this as they don’t have this power.
Exactly. Seems like a “kangaroo court”, as it were.
I wasn’t aware Apple had their day in court other than some finding by some regulatory body, which is why I used the term “kangaroo” court.
Well perhaps you should have checked the case then?
 
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The ACM didn’t restrict Apple’s commission rate nor did it mandate sideloading. But they ruled that app providers should be able to settle consumer payments without Apple and outside of their IAP. In this case, Apple wouldn’t be acting as a commissionaire anymore. Their current paid app developer terms (from what I can see) only state that Apple is entitled to a commission for its services as a commissionaire. No commissionaire - no commission.
It’s extremely likely the commission and commissionaire are covered by the EU commissions currently ongoing probe against apple for anticompetitive practices. This is why it’s such a narrow judgment in order not to interfere.

Normally when EU starts an anti competitive probe, active investigations aren’t allowed to continue by the host nation untill EU Commission is done.
 
? Charging 27% for a transaction that Apple aren’t even involved in, is an even more obvious and egregious abuse of dominant market position. And an even more unreasonable condition in light of the ACM‘s findings and arguments.
Why would Apple not be entitled to that 27%? Under the previous method, Apple charged the developers 30% for in-app purchases. By developers using their own payment processor, Apple deducts the cost of the actual payment processor fee, which averages 2.5-3%, depending on the credit company. The rest is the commission for in-app purchasing, no different than the commission Apple charges for initial download and app purchase.

I've explained so many times why Apple charges for in-app purchases. It's to prevent developers from cheating. There's no difference between charging for initial purchase and download and for in-app purchases. They are the same thing, only the time differs whether the purchase is done before or after downloading. Apple ensures they charge their fee of 30% (15% for developers who make less than $1 million per year) to prevent developers from making their app free to download and then making 100% of their profits from in-app purchases. It doesn't matter at all if Apple is involved in the purchase because that's not what it's for. It's to make sure the developers aren't freeloading and cheating developers who make actual free apps and those developers who charge up front for app purchase.

Free apps are always free. Free apps that charge in-app are not really free. By your reckoning, Apple should allow freeloading by making all in-app purchases free. Why are you supporting having developers freeload off the App Store at the detriment of those app developers who charge initially for purchase and those who are truly free?

You may quibble at Apple's Terms of Services, but I guarantee that if there's doubt about whether Apple is acting as a commissionaire, they'll change the wording before any of this is fully released. Before this incident, Apple handled all in-app processing, so different wording wasn't necessary. But you're in favor of cheating Apple and other developers. For profit apps are subsidizing free apps. By putting in this loophole, you're allowing developers to essentially spit on other developers who are playing by the rules. By invoking any in-app purchase, that free app is no longer free to the end user. By rules that make things fair to other developers, they should pay for no longer being a free app.

How would you create a solution to eliminate that gigantic loophole you want to create, other than charging that 27% fee?

I'll use an example:

Company A releases free app. Charges no money for download and has no in-app purchases. Company A pays no fees except the $99/year developer fee, which compensates Apple for all the developer tools like Xcode that they give developers for free. But note that fee is paid whether the company ever releases an app and is the same amount even if they release 100 apps. It's purely for accessing the tools.

Company B releases an app and charges $30 for it and has no in-app purchases. They pay Apple $9 as a fee for that purchase.

Company C releases an app and charges $0 for it initially but has an in-app purchase to enable its features by charging $30. They are not a dating app, so Apple receives $9 from developer for that in-app purchase. They are not granted a loophole despite being a Dutch developer. They wonder why dating apps are treated differently and wonder if those developers paid off some politicians.

Company D makes dating apps and receives a loophole through the Dutch government and charges $0 for it initially but has in-app purchases up the wazoo, making millions of dollars, but has to pay Apple $0. They are a paid app, but pays Apple nothing at all ever, except that $99/year developer fee everyone else also pays, whether they release an app or not.

Companies A, B, and C glower at Company D as they freeload off the App Store and wonder why they don't get special treatment.

So how would you solve this inequity?
 
Why would Apple not be entitled to that 27%? Under the previous method, Apple charged the developers 30% for in-app purchases. By developers using their own payment processor, Apple deducts the cost of the actual payment processor fee, which averages 2.5-3%, depending on the credit company. The rest is the commission for in-app purchasing, no different than the commission Apple charges for initial download and app purchase.
Because they removed themselves as the commissioner. This is a legal terminology they don’t have a right to a commission as they are out of the loop
I've explained so many times why Apple charges for in-app purchases. It's to prevent developers from cheating. There's no difference between charging for initial purchase and download and for in-app purchases.
First of that’s apple’s problem and nothing EU or ACM cares for. Whatever “cheating” means.
Secondly In app purchase is extremely relevant distinction to what apple have the right to do. One happens on apples platform, the other happens on consumers devices.
They are the same thing, only the time differs whether the purchase is done before or after downloading.
Perhaps not in the USA but it’s An important legal difference in EU.
Apple ensures they charge their fee of 30% (15% for developers who make less than $1 million per year) to prevent developers from making their app free to download and then making 100% of their profits from in-app purchases. It doesn't matter at all if Apple is involved in the purchase because that's not what it's for. It's to make sure the developers aren't freeloading and cheating developers who make actual free apps and those developers who charge up front for app purchase.
Tell that to Netflix, Uber and Spotify etc
Their contract explicitly talks about them being a commissioner.
Free apps are always free. Free apps that charge in-app are not really free. By your reckoning, Apple should allow freeloading by making all in-app purchases free. Why are you supporting having developers freeload off the App Store at the detriment of those app developers who charge initially for purchase and those who are truly free?
That’s apples problem they don’t have a good way to fix this. Even tho they could have a pay for what you use service.
You may quibble at Apple's Terms of Services, but I guarantee that if there's doubt about whether Apple is acting as a commissionaire, they'll change the wording before any of this is fully released. Before this incident, Apple handled all in-app processing, so different wording wasn't necessary. But you're in favor of cheating Apple and other developers. For profit apps are subsidizing free apps. By putting in this loophole, you're allowing developers to essentially spit on other developers who are playing by the rules. By invoking any in-app purchase, that free app is no longer free to the end user. By rules that make things fair to other developers, they should pay for no longer being a free app.
The question is there anything being cheated? Because apple doesn’t have a right to an app’s revenue.

How is it not fair for you to chose the payment system you like or link to your website to directly compete with apples payment system?
How would you create a solution to eliminate that gigantic loophole you want to create, other than charging that 27% fee?
Simple. Apple competing with better services to convince developers to use their solution.

Mandate IAP must be shown next to competing payment solutions.
Free apps with in app purchasing options pays per downloaded app.
Free apps pays nothing.
I'll use an example:

Company A releases free app. Charges no money for download and has no in-app purchases. Company A pays no fees except the $99/year developer fee, which compensates Apple for all the developer tools like Xcode that they give developers for free. But note that fee is paid whether the company ever releases an app and is the same amount even if they release 100 apps. It's purely for accessing the tools.

Company B releases an app and charges $30 for it and has no in-app purchases. They pay Apple $9 as a fee for that purchase.

Company C releases an app and charges $0 for it initially but has an in-app purchase to enable its features by charging $30. They are not a dating app, so Apple receives $9 from developer for that in-app purchase. They are not granted a loophole despite being a Dutch developer. They wonder why dating apps are treated differently and wonder if those developers paid off some politicians.

Company D makes dating apps and receives a loophole through the Dutch government and charges $0 for it initially but has in-app purchases up the wazoo, making millions of dollars, but has to pay Apple $0. They are a paid app, but pays Apple nothing at all ever, except that $99/year developer fee everyone else also pays, whether they release an app or not.

Companies A, B, and C glower at Company D as they freeload off the App Store and wonder why they don't get special treatment.

So how would you solve this inequity?
Easy, every app will have the same rights as the dating app. This is solved by DMA making this mandatory for all apps and not only dating apps
 
Why would Apple not be entitled to that 27%? Under the previous method, Apple charged the developers 30% for in-app purchases
Why would they be? They aren‘t providing dating services, and neither have they created the in-app content. Apple are freeloading on other developers works by charging their commission (though we‘ve already had that in this thread).

They don‘t need to charge that commission for the functioning of the App Store and ecosystem - as evidenced by a great majority of free apps (as found by the ACM and the judge, see their court decision). And other apps that are raking in millions - yet don‘t pay a commission either.

Now, that itself doesn’t exactly answer the question why Apple wouldn’t be entitled to their commission.
But it‘s an unreasonable condition imposed on a particular group of companies (the dating apps) that is in stark contrast to other money-making apps. And may be found in violation to competition rules (as they, preliminarily, have been).
It doesn't matter at all if Apple is involved in the purchase because that's not what it's for
It does matter, since Apple in their terms declare it as a charge for their services as a commissionaire themselves.
but I guarantee that if there's doubt about whether Apple is acting as a commissionaire, they'll change the wording before any of this is fully released
That we fully agree on ;)
But you're in favor of cheating Apple and other developers. For profit apps are subsidizing free apps. By putting in this loophole, you're allowing developers to essentially spit on other developers who are playing by the rules
Apps are subsidising iPhone sales - whether they‘re free or not, and whether Apple charges a commission or not.
Company A releases free app. Charges no money for download and has no in-app purchases. Company A pays no fees except the $99/year developer fee, which compensates Apple for all the developer tools like Xcode that they give developers for free. But note that fee is paid whether the company ever releases an app and is the same amount even if they release 100 apps. It's purely for accessing the tools.

Company B releases an app and charges $30 for it and has no in-app purchases. They pay Apple $9 as a fee for that purchase.

Company C releases an app and charges $0 for it initially but has an in-app purchase to enable its features by charging $30. They are not a dating app, so Apple receives $9 from developer for that in-app purchase. They are not granted a loophole despite being a Dutch developer. They wonder why dating apps are treated differently and wonder if those developers paid off some politicians.

Company D makes dating apps and receives a loophole through the Dutch government and charges $0 for it initially but has in-app purchases up the wazoo, making millions of dollars, but has to pay Apple $0. They are a paid app, but pays Apple nothing at all ever, except that $99/year developer fee everyone else also pays, whether they release an app or not.

Companies A, B, and C glower at Company D as they freeload off the App Store and wonder why they don't get special treatment.

So how would you solve this inequity?
Company E releases a video streaming app where you can subscribe to channels in-app, using their own account and billing system. Yet they don’t have to pay a commission to Apple.

Company F releases a „reader app“ that is purely designed to consume the paid digital content (music, ebooks) they have created and/or are distributing. You literally can‘t do anything with some of these apps, unless you‘ve subscribed / made a purchase outside of the app. Yet they aren‘t paying commissions to Apple.

Company G releases a Hotel or Flight booking (or shopping, or ride hailing) app, through which they are making millions, maybe billions of revenue through purchases in the app. Yet again, they aren‘t paying commissions to Apple.

Aren‘t these companies all freeloading from the App Store?
Aren‘t these glaring inequities?


Apple does not apply these conditions to all app providers. These conditions do not apply to app providers that do not offer paid digital content or services within their apps
(…)
ACM comes to the conclusion that Apple abuses its dominant position by imposing unreasonable contractual conditions on dating-app providers. The conditions with regard to the IAP service and anti-steering, which only apply to providers that, within their apps, offer digital content or services, for a fee, result in harm to these dating-app providers

(…)
Since the conditions are harmful to dating-app providers and are not necessary for the objectives Apple says it pursues, ACM comes to the conclusion that the conditions are unreasonable, and that Apple thus abuses its dominant position.“

https://www.acm.nl/sites/default/fi...on-on-abuse-of-dominant-position-by-apple.pdf
 
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Because they removed themselves as the commissioner. This is a legal terminology they don’t have a right to a commission as they are out of the loop

First of that’s apple’s problem and nothing EU or ACM cares for. Whatever “cheating” means.
Secondly In app purchase is extremely relevant distinction to what apple have the right to do. One happens on apples platform, the other happens on consumers devices.

Perhaps not in the USA but it’s An important legal difference in EU.

Tell that to Netflix, Uber and Spotify etc
Their contract explicitly talks about them being a commissioner.

That’s apples problem they don’t have a good way to fix this. Even tho they could have a pay for what you use service.

The question is there anything being cheated? Because apple doesn’t have a right to an app’s revenue.

How is it not fair for you to chose the payment system you like or link to your website to directly compete with apples payment system?

Simple. Apple competing with better services to convince developers to use their solution.

Mandate IAP must be shown next to competing payment solutions.
Free apps with in app purchasing options pays per downloaded app.
Free apps pays nothing.

Easy, every app will have the same rights as the dating app. This is solved by DMA making this mandatory for all apps and not only dating apps
Got it all figured out? how to parcel off apples ip to those who have no vested stake? Thankfully in the US it will be an uphill battle.
 
“Welcome to the EU where numeric values have no value!”
Well what does a numerical value of 80% say about the market? If apple have 30% of the market or 80% of the market, you’d still don’t know anything of value. Is it good or bad? That’s is why a monopoly isn’t illegal even if you have 100% of the market. If no anti competitive actions was taken, no abuse of the market was made etc then nothing illegal was done.
Got it all figured out? how to parcel off apples ip to those who have no vested stake? Thankfully in the US it will be an uphill battle.
Apple’s IP is completely safe. Notice how apple only talks about safety and privacy and not IP laws.
 
No it won’t. The pro-sideloading, open nfc supporters seem not to understand that forced sideloading and forced open nfc is giving apples property away, probably costing them billions.
NFC is licensed proprietary hardware AND software apple doesn’t own. But pay the rights owners a fee to include it.

Side loading is just free installation by device owners.
 
Well what does a numerical value of 80% say about the market? If apple have 30% of the market or 80% of the market, you’d still don’t know anything of value. Is it good or bad? That’s is why a monopoly isn’t illegal even if you have 100% of the market. If no anti competitive actions was taken, no abuse of the market was made etc then nothing illegal was done.
No, no, I get it. They created a system whereby any company can be attacked based on nothing more than “we don’t like it”… no value based details required.

“Filing a lawsuit against another company for infringing on our patents/copyrights/trademarks” is anti-competitive. If Pepsico calls their next product “Sprite”, the Coca-Cola Company could be forced (based on dominance) to allow Pepsico to make “Sprite”. Otherwise, Pepsico would be unfairly locked out of the “Sprite” market.
 
No, no, I get it. They created a system whereby any company can be attacked based on nothing more than “we don’t like it”… no value based details required.

“Filing a lawsuit against another company for infringing on our patents/copyrights/trademarks” is anti-competitive. If Pepsico calls their next product “Sprite”, the Coca-Cola Company could be forced (based on dominance) to allow Pepsico to make “Sprite”. Otherwise, Pepsico would be unfairly locked out of the “Sprite” market.
Dominance isn’t illegal. But I can understand if USA prefers a numerical value for a blanket qualification hitting everyone indiscriminately instead of objectively measurable criteria instead targeting harmful results

Monopoly= legal
Dominating a market=legal
Competitive =legal

Anti competitive =ILLEGAL
ABUSING DOMINANT MARKET POSITION= ILLEGAL

These things are clearly defined things in civil law systems. Courts don’t have the power to make laws.
 
That’s apples problem they don’t have a good way to fix this. Even tho they could have a pay for what you use service.

The question is there anything being cheated? Because apple doesn’t have a right to an app’s revenue.

How is it not fair for you to chose the payment system you like or link to your website to directly compete with apples payment system?

Simple. Apple competing with better services to convince developers to use their solution.

Mandate IAP must be shown next to competing payment solutions.
Free apps with in app purchasing options pays per downloaded app.
Free apps pays nothing.

Easy, every app will have the same rights as the dating app. This is solved by DMA making this mandatory for all apps and not only dating apps
And this is the problem you will never understand. You place no value whatsoever on the billions Apple spends on infrastructure, support, marketing, and vetting on the App Store. ALL apps get those services, free or otherwise. In order to pay for those services, Apple charges their 30%/15% fee, which benefits those apps that are truly free, both initially and post-purchase because they are subsidized by the paid apps. Apple chose to do it in the form of a percentage service charge for purchases, whether they be at the point of initial sale or afterwards in the form of in-app. Apple doesn't have to be a participant in whatever transaction or whatever payment processor is being used. They have a right to charge in order to even have these apps on their Store.

You can't seem to separate the fact that payment processing has absolutely nothing to do with that 27% fee. The 3% of that 30% is for payment processing, which Apple discounted by saying it doesn't have to be paid because that is what Apple saves by not processing the payment themselves. But for some reason, that is beyond your grasp since your argument is utterly irrelevant to the 27% fee. It has nothing to do with payment processing and everything to do with the costs Apple has for running the App Store. When you claim Apple has no right to any of that money, you are advocating Apple run a charity. Spend billions on supporting the App Store while dating apps get away without ever paying a penny in those costs while everyone else has to share the burden.

Sure, it's Apple's problem. But it's also the Dutch's problem, too, because if Apple gets freeloading apps, they'll boot them from the Store. There are degrees of being in the market. While many have discussed Apple completely leaving the EU, that's dumb. They'll just boot the dating apps as contrary to their policies since those are considered "immoral". Innumerable apps have been booted all over the world for being sexual. Press Apple too hard, and the Dutch will regret it. If Apple can't make money, they'll throw them out.

Your argument about choosing their own payment processor is also irrelevant since that is already decided. Apple's agreed to your main point that developers can't decide. Of course they can and Apple's already conceded that. So why are you opposed to Apple getting compensated for expenses of running the App Store if developers got the main thing they were looking for? Right now, nobody's talking about whether it's right that they get to choose their payment processor. That's chewing old soup right now, yet you're still whining about something already decided. You're arguing about whether Apple deserves any compensation at all for having a Store in the first place. Because if in-app purchase fees are disallowed, no app in the future will ever charge at initial purchase and Apple's revenues from the Store will be zero. They might as well shut down the Store at that point and go back to web apps. If you don't like web apps, then Apple should be entitled to that 27% to fund the Store.

As to whether the "new" policies extend to other apps, that's your assumption. The Dutch aren't talking about extending it to non dating apps. That's total BS. The brothel industry paid off the politicians to give them a carve out. Don't count on it going to other apps unless those companies also grease some palms in the government. This issue has nothing to do with being fair. This issue has to do with how much money is going into the pockets of the politicians.
 
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Dominance isn’t illegal. But I can understand if USA prefers a numerical value for a blanket qualification hitting everyone indiscriminately instead of objectively measurable criteria instead targeting harmful results
Hitting everyone indiscriminately and being able to provide data that “shows one’s work” is always better than hitting whomever one likes merely because it behooves them on a particular day. One helps to foster the idea of “meet these objective requirements, and you’re probably ok”. The other, “well, yes that’s what I said when you incorporated, but now I’ve changed my mind!” EU companies have to watch 27 separate backs, no wonder they restrict themselves to being smaller.
 
Dating/Escort/Prostitution Apps in the Netherlands could easily run on the web and avoid Apples’s iOS altogether. I’m confused why they don’t just use web based apps. I suspect this issue has a totally different motive behind it than what’s being stated.

They want apps because they know that is where people will go. They are creating platform apps and putting them in the store for marketing reasons, then getting upset at Apple and Google's commission strategy around that. A large part of the justification of Apple or Google's commission is non-technical business value.

And one could point to this business value as to why side-loading on Android is not a more popular thing - people generally want to buy stuff from stores / marketplaces, and it one of the primary ways they discover things which might be useful or rewarding.
 
They created a system whereby any company can be attacked based on nothing more than “we don’t like it”… no value based details required.
Preventing harmful business practice is has nothing to do with „attacking“ companies because you don’t like them. Neither the EU nor the Dutch despise Apple or Google - they just want them to refrain from employing certain business practices (like… forcing their payment systems on other companies that don’t have a real other than to be in the app store).
Spend billions on supporting the App Store while dating apps get away without ever paying a penny in those costs while everyone else has to share the burden.
1. It is unsubstantiated that they’re spending „billions“ to run the app store.
2. It is just not true that „everyone else“ shares the burden. The majority of apps are free. And some of them are raking in hundreds of millions in sales - without paying commission to Apple.
 
Preventing harmful business practice is has nothing to do with „attacking“ companies because you don’t like them. Neither the EU nor the Dutch despise Apple or Google - they just want them to refrain from employing certain business practices (like… forcing their payment systems on other companies that don’t have a real other than to be in the app store).

1. It is unsubstantiated that they’re spending „billions“ to run the app store.
2. It is just not true that „everyone else“ shares the burden. The majority of apps are free. And some of them are raking in hundreds of millions in sales - without paying commission to Apple.
So you're basically admitting you want a carve out and don't want the brothel apps to ever pay Apple a penny, yet still be hosted on the App Store. I don't know what other kind of arrangements Apple's made with other developers, but nobody freeloads unless they're totally free, and everyone accepted that going in. These brothels knew the conditions going in, but greased some politician pockets to save themselves millions of Euro by shafting Apple and the other developers.

You don't think it costs billions for server hardware just to store all those apps? And Apple doesn't pay thousands of employees to run App Stores all over the world? If you want to quibble over how much Apple pays for its App Store, how about a crap ton, if you don't like billions?

Apple's already said these developers can use their own payment systems. That's a done deal, so you have no arguments left. So why are you still whining about the 27% when they're entitled to compensation for running the App Store? As I've said a zillion times, the 27% has nothing at all to do with being a payment processor. It has to do with Apple's procedures on how to actually generate revenue to support running the App Store. How the payments are done are irrelevant. Revenue is needed to run the App Store, yet you want Apple to run a charity. If the developers make money on their App Store apps, they should pay. I don't really care how they pay, but Apple has a system for how. You just want to circumvent it to allow a carve out.

Time to kick all of those freeloading brothel apps out of the Store. Epic wanted the same thing and got slapped down, and deservedly so. But that's by the courts. The brothels are getting a regulatory agency to do the same thing.
 
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Just in, Match are Suing google over the 30% now.

Whats interesting is that in this case a true zero commission alternative payment system exists via sideloading, and they have made a point of saying that basically side-loading ain't worth a crap! That you need to be on the Play/App store from a marketing standpoint.

That being the case both stores are well worth the commissions they are asking in marketing cost alone, and they darn well know it.

Match have really shown their colors here. They want both the technology and their product placement in App stores to be FREE. ACM is parroting these views.

 
Just in, Match are Suing google over the 30% now.

Whats interesting is that in this case a true zero commission alternative payment system exists via sideloading, and they have made a point of saying that basically side-loading ain't worth a crap! That you need to be on the Play/App store from a marketing standpoint.

That being the case both stores are well worth the commissions they are asking in marketing cost alone, and they darn well know it.

Match have really shown their colors here. They want both the technology and their product placement in App stores to be FREE. ACM is parroting these views.

Perhaps you should stop lying and read the complaints. They have a merit and google likely dropped the ball.

Google lured app developers to its platform with assurances that we could offer users a choice over how to pay for the services they want,” Match Group’s complaint reads. “But once it monopolized the market for Android app distribution with Google Play by riding the coattails of the most popular app developers, Google sought to ban alternative in-app payment processing services so it could take a cut of nearly every in-app transaction on Android.”
Developers where free to use a payment option of their choosing before 2020, untill google mandated their solution with a mandatory 15-30% cut
While Google says it always required certain types of in-app payments to be carried out through its billing service, the company made it clear in 2020 that it wants all apps selling digital goods to use its billing system.
 
Developers where free to use a payment option of their choosing before 2020, untill google mandated their solution with a mandatory 15-30% cut
Lying ?

They were only free to use external payment systems prior to 2020 because Google never enforced their existing policies.

Did Google say there would be free lunches for life, no, they had it in their T&C's that developers would have to use Google Pay. Any developer with a brain can see it's unsustainable for them to lose money like that, and basing your business model, hoping they don't enforce it, is just plain silly.

If Google really wanted to double down they could probably countersue for monies due for the previous x years of Match Group circumventing the system.

 
Lying ?

They were only free to use external payment systems prior to 2020 because Google never enforced their existing policies.
That’s google shooting them self’s in the foot. And can be argued as a way to deceive developers. They have a bigger case here than apple who honestly always enforced it
Did Google say there would be free lunches for life, no, they had it in their T&C's that developers would have to use Google Pay. Any developer with a brain can see it's unsustainable for them to lose money like that, and basing your business model, hoping they don't enforce it, is just plain silly.
Sure thing, but this is something the courts don’t respect or take in to consideration. Not enforcing a policy= not a policy
If Google really wanted to double down they could probably countersue for monies due for the previous x years of Match Group circumventing the system.
This would be thrown out of court on the basis they did not enforce it voluntarily. And knowingly let everyone circumvent it.
 
want the brothel apps
These brothels
these freeloading brothel apps
The brothels are getting a regulatory agency
Not sure why you feel the need to resort to referring them as „brothel“ apps.
Are you one of those christian Americans that feel they need to incite moral outrage by namecalling?

The dating app providers business models are neither illegal nor operationor advertising of brothels. Besides that, brothels legal in Netherlands.
you're basically admitting you want a carve out and don't want the brothel apps to ever pay Apple a penny, yet still be hosted on the App Store
No, I personally could totally live with Apple charging everyone the same, rather than discriminating particular services or apps/developers.

Just get rid of the discrimination. Let’s go charge Amazon (shopping), Booking.com, Uber, Expedia Starbucks 30% on all of their (net) in-app revenue as well.

nobody freeloads unless they're totally free, and everyone accepted that going in
The ACM argued that they don’t have another realistic business choice (cause they‘d be severely disadvantaged without a native app and/or means of monetisation). And I pretty much to agree.

but greased some politician pockets to save themselves millions of Euro
Regulatory authorities are rarely run by politicians (at least in Europe). Besides that, there‘s no reason not to believe that politicians could, as a matter of good judgement and conscience, conclude and believe that a duopoly as Google/Apple need to be regulated.
If the developers make money on their App Store apps, they should pay.
Again, there’s lots of developers that make money - and they don’t pay.
 
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Hitting everyone indiscriminately and being able to provide data that “shows one’s work” is always better than hitting whomever one likes merely because it behooves them on a particular day.
And what makes you believe it’s not an objective standard?
One helps to foster the idea of “meet these objective requirements, and you’re probably ok”. The other, “well, yes that’s what I said when you incorporated, but now I’ve changed my mind!” EU companies have to watch 27 separate backs, no wonder they restrict themselves to being smaller.
Anti competitive laws, abusing dominant position and being in a dominant position is objective standards.

Harmful actions must be taken otherwise no legal actions can be taken towards you.

You can literally be found using anti competitive action, but without having a dominant position nothing wrong was committed

Both objectives must be met for it to be illegal.

Just meeting an arbitrary percentage number doesn’t mean anything or that harm was actually done to the market and not just successful

You need to meet. EU standards. Not 27 different “backs”. Businesses can always go to EUCJ if they think the lower courts are wrong.
 
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