Apple, Apple, Apple – what a rollercoaster! The tech giant has emerged victorious in the UK, where the Competition Appeals Tribunal (CAT) has dismissed the antitrust regulator’s decision to launch an investigation into the iPhone maker’s mobile browser and cloud gaming service. It seems that even the mighty Competition and Markets Authority (CMA) can sometimes trip up over bureaucratic red tape.
The story goes that the CMA had been scrutinizing Apple’s iOS and Google’s Android mobile platforms after a market study that began in June 2021. The study eventually led to preliminary findings of competition concerns in December 2021. However, the CMA chose to hold off on taking any action, perhaps hoping for new powers from the UK government’s “pro-competition” reboot.
But as fate would have it, the government didn’t stick to its plan. Instead, the long-promised competition reboot was indefinitely postponed in May 2022, leaving the CMA and its Digital Markets Unit stranded without the anticipated new powers. And just like that, the regulator’s decision to wait for better tools to tackle Big Tech backfired spectacularly.
Fast forward to June 2022, and the CMA published its final report on the year-long mobile ecosystem study, confirming its suspicions about Apple and Google’s market power. In November, the authority announced an in-depth investigation into specific concerns, like Apple’s mobile browser and cloud gaming, determined to make the best of a bad situation.
But alas, the CAT ruled that the CMA had taken too long to launch its probe, and Apple’s appeal succeeded on this point of law. The irony here is that the very organization meant to protect competition in the market ended up tripping over its own feet, all because of bureaucracy and the UK government’s inability to follow through on its promises.
Now, the CMA has hinted that it might seek an appeal, while Apple celebrates its victory. In the end, the real losers here are the UK consumers and app developers who might have benefited from a more competitive and fair mobile ecosystem.
What we can learn from this whole debacle is that even regulatory bodies are not immune to the pitfalls of bureaucracy and indecision. It’s a sobering reminder that, in the fast-paced world of technology, every delay can have far-reaching consequences, and opportunities missed may never come again. Let’s hope the UK government and the CMA can learn from this experience and act more decisively in the future
