Abuse of power problem for Apple?

Echohead2

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Ok..I just saw this today:'

https://arstechnica.com/tech-policy/202 ... -nfc-tech/

It says that only Apple Pay can access the NFC on Apple hardware.

Isn't this a pretty clear abuse of power? Using your dominant position to give a new thing an unfair boost. It seems like what MS got in trouble for...except MS "forcing" people to use IE only meant that it came pre-installed (this was only part of the whole ordeal back then)...it didn't block people from installing other browsers and MS made no extra money from IE.

Compare that to Apple Pay...Apple makes money, blocked 3rd parties from accessing it.

ORRRRR.....I'm seeing this wrong, which definitely could be the case.

Edited to remove the word "monopoly" from title and test since that was derailing the thread into silliness.
 
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wco81

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How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

Moreover not every iOS user in the EU is using Apple Pay.

The GLOBAL market for mobile payments was $1.8 billion for all of 2021. That not only includes Apple Pay but Google Pay, Samsung Pay and QR-codes used to make payments in some places.

Most Europeans are using cash or debit contactless cards. I use Apple Pay all the time when I visit Europe but that's because the contactless terminals which most people tap plastic cards on will also work with NFC.


So we're talking about a minority mobile platform in the EU and a percentage of iOS users bother to set up Apple Pay. They are easily dwarfed by people using other forms of cash at restaurants and shops.


Oh and here's the other thing. In order for Apple Pay to work in Europe, the banks there which issue credit cards and do payment processing -- you will often see these wireless terminals where you can insert or tap cards all bear the logo of major EU banks.

Those European banks enable Apple Pay but notice the EU and EC won't go after them but choose a big American tech company as a target?

It's the same playbook they've been using for decades, Microsoft in the 2000s, Google in the last 10 years, now Apple.

This same commission didn't do anything when Nokia and Ericsson, which were dominant in mobile until around 2005-2010 before the iPhone took off and ushered in a new mobile phone paradigm, were raking in huge profits.

They've only gone after US tech companies and all their fines and remedies in the past have not made one bit of difference for EU consumers. They overwhelmingly continue to choose American tech products and services. This is something that the EU and EC bureaucrats in Brussels, like Margaret Vestager, can't tolerate.


They say the third-parties aren't allowed to access the NFC on iPhones and iPads. Well who's asking for such access? Sure maybe some retail chains? But they continue to accept Apple Pay. What about the banks, maybe the banks would prefer to put out their own apps so that they can track their usage. Well these European banks, as noted above, cut deals with Apple to agree on a transaction fee for Apple Pay on their payment processing networks.

Has Visa or Mastercard or PayPal filed complaints with the FTC, DOJ or the EU/EC for access to NFC on iOS devices? No, because Apple Pay and mobile wallet payments in general are a tiny portion of the transaction volume. As noted above, $1.8 billion for all of 2021 GLOBALLY.

So why is the EU/EC making a big deal out of this? They see Apple make record profits, most of it in the US and China, not the EU. It's a bad look, the petty jealousy.
 

wco81

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The other thing to note is that Margaret Vestager's unit has been using antitrust laws to bring fines and actions vs. big US tech companies, even when they're not monopolies in any sense of the word.

But the EU just passed the Digital Markets Act which goes into effect next year.

DMA allows enforcement against something something gatekeepers making it tough for competitors.

DMA was in part written for Spotify, a Swedish company which complained about Apple using App Store policies to boost Apple Music.

Spotify is the leading music streaming company in the world, with over 2X the market share of Apple Music. But they go and cry to the EU/EC and Vestager goes after Apple while the EU Parliament writes the DMA legislation to cater to Spotify's interests.

https://www.theverge.com/2022/1/20/2289 ... nt-youtube

I bet it will be a very long time before EU/EC ever investigates the leading music streaming service in the world for any anticompetitive practices. Because you know Spotify is probably pure as the driven snow, not an evil greedy American company.
 
How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

Isn't this a pretty clear monopoly abuse?

Apple is not a monopoly.


They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

You can argue that Apple is not an absolute monopoly given their marketshare and the existence of other platforms, but that is obviously not the criterion applied here, so it's a pointless argument, no matter how true it is.
 

wco81

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How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.


I would still like to see a court, ANY court, make that determination based on antitrust laws.

That's an assertion by bureaucrats, not a legal finding.

Now ownership is a crime? No kidding they own iOS, after all they created it, invested in it, developed it and continue to invest and develop it.


Does BMW need to allow competitors access to their platforms? Their chassis, infrastructure or the software stack they use for modern cars? They 100% own those things so they MUST let competitors use them to compete against BMW!


Bureaucrats who are not above political influence, particularly when it comes to supporting local champions like Spotify.


The resentment is so obvious, no matter what enforcement actions or laws they pass, European consumers choose American tech products and services. So this of course isn't going to end any time soon.
 
How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.


I would still like to see a court, ANY court, make that determination based on antitrust laws.

I assume you're about to.

That's an assertion by bureaucrats, not a legal finding.

Which passage of EUROPEAN antitrust law, specifically, do you find to be in conflict?
 
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ant1pathy

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Spotify is the leading music streaming company in the world, with over 2X the market share of Apple Music. But they go and cry to the EU/EC and Vestager goes after Apple while the EU Parliament writes the DMA legislation to cater to Spotify's interests.

I have the feeling that Spotify is similar Dropbox. Like Jobs said, "feature not a product". The discovery & social aspect might be a product, but raw "music streaming" is becoming table stakes in the same manner as "USB drive in the cloud".
 

wrylachlan

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Apple isn’t a monopoly and the EU isn’t saying they are. The EU is saying that you don’t have to be a monopoly to have market power that they consider illegal and will regulate. The obsession with the ‘monopoly’ designation as the unique and only trigger for regulatory action is a very uniquely American phenomenon.

You don’t have to argue that Apple is a monopoly to argue that they should be regulated, and EU regulation is not evidence that they consider Apple a monopoly.
 

Galvanic

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They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

Lots of companies own 100% of their platform and block other competitors from accessing that platform. That does not make them a monopoly anymore than Apple is. Fox owns 100% of its platform and does not let MSNBC broadcast their shows on Fox. MSNBC owns 100% of its platform and does not let Fox broadcast its shows on NBC. Hilton Hotels owns 100% of its platform and does not let Hyatt sell their rooms.

The "the iOS is the whole market" argument is profoundly wrong.

Which passage of EUROPEAN antitrust law, specifically, do you find to be in conflict?

Which European court case, specifically, found Apple to be a monopoly?
 
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Apple isn’t a monopoly and the EU isn’t saying they are. The EU is saying that you don’t have to be a monopoly to have market power that they consider illegal and will regulate. The obsession with the ‘monopoly’ designation as the unique and only trigger for regulatory action is a very uniquely American phenomenon.

You don’t have to argue that Apple is a monopoly to argue that they should be regulated, and EU regulation is not evidence that they consider Apple a monopoly.
Thank you.
 
They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

Lots of companies own 100% of their platform and block other competitors from accessing that platform. That does not make them a monopoly anymore than Apple is. Fox owns 100% of its platform and does not let MSNBC broadcast their shows on Fox. MSNBC owns 100% of its platform and does not let Fox broadcast its shows on NBC. Hilton Hotels owns 100% of its platform and does not let Hyatt sell their rooms.

If, however, MSNBC owned hotels and did not let Fox broadcast there — do you think they’d be able to do that?
 

ant1pathy

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They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

Lots of companies own 100% of their platform and block other competitors from accessing that platform. That does not make them a monopoly anymore than Apple is. Fox owns 100% of its platform and does not let MSNBC broadcast their shows on Fox. MSNBC owns 100% of its platform and does not let Fox broadcast its shows on NBC. Hilton Hotels owns 100% of its platform and does not let Hyatt sell their rooms.

If, however, MSNBC owned hotels and did not let Fox broadcast there — do you think they’d be able to do that?

...yes? And if people specifically choose the MSNBC hotels because they didn't allow Fox to broadcast, is the best solution to remove the choice to select a hotel that provides a desired restriction?
 

Megalodon

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If, however, MSNBC owned hotels and did not let Fox broadcast there — do you think they’d be able to do that?

I don't let guests in my house tune in to Fox News. Can they sue me for an antitrust violation?
Yes but your defense would be that only a negligible number of people are impacted by that, and that would probably be successful. That defense is not available to Apple.
 
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wrylachlan

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Platforms are a relatively new phenomenon. For most physical goods and services, if one middle-man retailer doesn’t want to carry your product you can pursue other options to reach their customers - partner with other retailers or even set up your own first party shop next door. The gate keeping aspects of modern computer platforms are novel in their reach and power and I think it’s perfectly rational to ask whether the standards for market enforcement from the horse and buggy era should apply to them or whether new standards are needed.

Some of the proposed remedies seems pretty common sense to me. Eliminating self-preferencing with APIs is fine. Might it slow innovation if it means you don’t have a private API period to tinker with and instead need to get the public API right from the get go? Sure, who cares. Avoiding self-preferencing in competing apps on your own platform - that seems pretty straightforward as well.

Setting the cut in statute seems draconian to me and I’d prefer other ways of regulating the issue.
 

ant1pathy

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Some of the proposed remedies seems pretty common sense to me. Eliminating self-preferencing with APIs is fine. Might it slow innovation if it means you don’t have a private API period to tinker with and instead need to get the public API right from the get go? Sure, who cares. Avoiding self-preferencing in competing apps on your own platform - that seems pretty straightforward as well.

Uhhh.... me, the user? I care. If I wanted an Android phone I'd have bought one. I buy iOS specifically because of the platform lock-down. Legislating that iOS be more like Android reduces choices in the market, and is kind of a slap in the face to the people who deliberately voted with their wallets to patronize the platform with the set of tradeoffs they prefer.
 

Galvanic

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The gate keeping aspects of modern computer platforms are novel in their reach and power and I think it’s perfectly rational to ask whether the standards for market enforcement from the horse and buggy era should apply to them or whether new standards are needed.

I think people who ask the question that way already know the only answer they'll accept.
 

wrylachlan

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The gate keeping aspects of modern computer platforms are novel in their reach and power and I think it’s perfectly rational to ask whether the standards for market enforcement from the horse and buggy era should apply to them or whether new standards are needed.

I think people who ask the question that way already know the only answer they'll accept.
True. I do think that the answer is ‘no - our legal frameworks shouldn’t be fixed in time and unresponsive to changing reality.’ While reasonable people can have reasonable discussions about what the regulatory framework should be, I find the pearl clutching at the very thought of new regulation to be pretty histrionic and ridiculous. The world works in vastly different ways now than it did when the current regulations were written. Of course we need to update.

And we don’t want knee-jerk techno-libertarianism do dominate the decision making. Thankfully elected officials tend not to be tech bros so we’re safe from that at least.
 
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Megalodon

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Yes but your defense would be that only a negligible number of people are impacted by that, and that would probably be successful.

No, my defense would be that I -- like Apple -- do not constitute a monopoly, and that my guests -- like Apple's customers -- have options to go elsewhere.
That's not going to be the legal threshold in the EU no matter how many times it's repeated incorrectly.
 

Louis XVI

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Yes but your defense would be that only a negligible number of people are impacted by that, and that would probably be successful.

No, my defense would be that I -- like Apple -- do not constitute a monopoly, and that my guests -- like Apple's customers -- have options to go elsewhere.
That's not going to be the legal threshold in the EU no matter how many times it's repeated incorrectly.
I don’t know enough about European antitrust law or tech regulation to have an opinion on this, but assuming you’re right, discussing this in the context of a monopoly is a pretty easy mistake to make in this thread given, well, its title. And the original post.
 
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Megalodon

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Yes but your defense would be that only a negligible number of people are impacted by that, and that would probably be successful.

No, my defense would be that I -- like Apple -- do not constitute a monopoly, and that my guests -- like Apple's customers -- have options to go elsewhere.
That's not going to be the legal threshold in the EU no matter how many times it's repeated incorrectly.
I don’t know enough about European antitrust law or tech regulation to have an opinion on this, but assuming you’re right, discussing this in the context of a monopoly is a pretty easy mistake to make in this thread given, well, its title. And the original post.
The OP linked article is about the EU situation so that sounds like an error on the OP's part. Not necessarily the fault of someone just clicking the thread but I do think it's worthwhile to keep the context in mind.
 

Echohead2

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How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

Isn't this a pretty clear monopoly abuse?

Apple is not a monopoly.


They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

You can argue that Apple is not an absolute monopoly given their marketshare and the existence of other platforms, but that is obviously not the criterion applied here, so it's a pointless argument, no matter how true it is.

I don't know...I've hear now for like 14 years how Apple DOMINATES the smartphone market. Gets the vast majority of profits, sets direction for everyone, etc. So all of a sudden Apple doesn't dominate the market...they are just a bit player?
 
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Echohead2

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Does BMW need to allow competitors access to their platforms? Their chassis, infrastructure or the software stack they use for modern cars? They 100% own those things so they MUST let competitors use them to compete against BMW!

Wait...you can only buy parts made by BMW? There are no 3rd party parts for BMW Autos?

And this would be more like BMW only allowing you to put BMW gasoline in the vehicle...using one business (auto) to pump up another (BMW gas stations).
 

Echohead2

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Yes but your defense would be that only a negligible number of people are impacted by that, and that would probably be successful.

No, my defense would be that I -- like Apple -- do not constitute a monopoly, and that my guests -- like Apple's customers -- have options to go elsewhere.
That's not going to be the legal threshold in the EU no matter how many times it's repeated incorrectly.
I don’t know enough about European antitrust law or tech regulation to have an opinion on this, but assuming you’re right, discussing this in the context of a monopoly is a pretty easy mistake to make in this thread given, well, its title. And the original post.
The OP linked article is about the EU situation so that sounds like an error on the OP's part. Not necessarily the fault of someone just clicking the thread but I do think it's worthwhile to keep the context in mind.


Well...I wanted to discuss both the EU and US...could what is happening in EU happen in US?
 

Echohead2

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They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

And this is exactly why I don't have Microsoft Outlook on my iPh...wait, what?!


This is actually a good example. They don't block other companies from having competing apps on the phone. They don't block other companies from accessing the camera or GPS. They don't block the audio jack (when they had them) or bluetooth audio.

I mean if they blocked the speaker and bluetooth from Spotify...would people be upset? Or what if they blocked the screen from Netflix, Hulu, etc. and only allowed AppleTV.

They are blocking part of the phone from competitors to boost their own service. If this were being done with audio (Apple music), video (AppleTV), office apps(Apple page/numbers/etc.), GPS (Apple Maps), data (Apple safari), and so on...people would be up in arms.

How is this any different?
 
How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.


I would still like to see a court, ANY court, make that determination based on antitrust laws.

That's an assertion by bureaucrats, not a legal finding.
Is there a problem with that? Legal traditions are different in different parts of the world, and maybe instead of judging European policy decisions based on American standards, you should judge it based on European standards.

Surprise surprise, judges are not the best judges of policy, especially when it comes to tech, and this is a common complaint of the American system. They commonly hand judgements that make no sense because they don't understand the underlying technology. But bureaucrats spend their entire career studying and understanding the markets and technologies they regulate. So maybe they are in a better position to make policy, because the purpose of a bureaucracy is to create policy. Unlike the judicial system.

And hey, look at that, you get better outcomes as a result. Without a doubt, consumers and consumer regulations are way more protected in the EU and other regulation-heavy jurisdictions than in the US.

You don’t have to argue that Apple is a monopoly to argue that they should be regulated, and EU regulation is not evidence that they consider Apple a monopoly.
100% agreed. The American way is enforce regulation only AFTER a company has robbed the country blind, and has left the country entirely dependent on their whims. c.f. the Bell System. The European (and Canadian and Australian) approach is regulate to prevent that happening in the first place.

Which European court case, specifically, found Apple to be a monopoly?
I guess we can't tell companies what to do until they are a monopoly. We should throw out all laws requiring companies to include seat belts, and throw out regulations that ensure that diet pills don't contain methamphetamine.

That's not going to be the legal threshold in the EU no matter how many times it's repeated incorrectly.
Love the "Team America World Police" attitude many Americans seem to have. :rolleyes: Different jurisdictions operate differently, such a tautological argument that you wouldn't think you would have to repeat, but here we are.

I don’t know enough about European antitrust law or tech regulation to have an opinion on this, but assuming you’re right, discussing this in the context of a monopoly is a pretty easy mistake to make in this thread given, well, its title. And the original post.
So given your professed ignorance on this topic, do you think perhaps after hearing opinions from people who are knowledgeable about it, and DO live in the jurisdiction in question, that perhaps the OP posed the topic in a slanted way to begin with that maybe influenced the discussion based on an incorrect premise? And maybe the OP is equally ignorant about the topic as you are?

Or maybe we can only accept what the OP is saying as true in every discussion thread on the Internet, and the discussion must flow from there, even if the original premise is incorrect. :rolleyes:

They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.
And this is exactly why I don't have Microsoft Outlook on my iPh...wait, what?!
This is actually a good example. They don't block other companies from having competing apps on the phone. They don't block other companies from accessing the camera or GPS. They don't block the audio jack (when they had them) or bluetooth audio.
Are we talking about email clients here, or Apple Pay? You both seem to be thoroughly confused about which thread you are responding in.
 
They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

Lots of companies own 100% of their platform and block other competitors from accessing that platform. That does not make them a monopoly anymore than Apple is. Fox owns 100% of its platform and does not let MSNBC broadcast their shows on Fox. MSNBC owns 100% of its platform and does not let Fox broadcast its shows on NBC. Hilton Hotels owns 100% of its platform and does not let Hyatt sell their rooms.

If, however, MSNBC owned hotels and did not let Fox broadcast there — do you think they’d be able to do that?

...yes? And if people specifically choose the MSNBC hotels because they didn't allow Fox to broadcast, is the best solution to remove the choice to select a hotel that provides a desired restriction?
Um, yes. You have freedom of conscience in most democratic, western countries. If a hotel kicked you out for watching Fox or whatever the hell you wanted on your personal device, they sure as hell should be sanctioned.
 

bigsnake499

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Say that they open NFC for any and all competitors. If something goes wrong with the Deutsche Bank Pay app that accesses the iPhone NFC. would consumers call Deutsche Bank first or Apple. I believe they will call Apple first even if Apple had nothing to do with that transaction. So now Apple has to hire addition support personnel to answer those calls and triage the problem. Even if the fault lies with a bank's app and Apple redirects the inquiry to the appropriate app maker/bank Apple personnel spent time/money answering the call. That costs money. Who will pay for those additional people? If we are fair, all app makers that access the NFC need to be accessed some fee to compensate. Then those banks will complain that Apple Pay has an unfair advantage because they don't have to pay those fees. It's twisted, man.
 
Say that they open NFC for any and all competitors. If something goes wrong with the Deutsche Bank Pay app that accesses the iPhone NFC. would consumers call Deutsche Bank first or Apple.
Anyone who is familiar with contactless payment (or even modern banking, for that matter) would call their bank if their banking card doesn't work. You go to the issuing institution. Maybe that's not an Americans' first instinct, since they are not used to contactless payment, but this is how we've done things in the over two decades we've had contactless payments in Canada. I would assume the EU is similar.

Honest question, if you have a problem with your physical Citibank MasterCard, do you call Citibank, or do you try to dig up some publicly available contact number for MasterCard, if you can even find it? Similarly, if you can't login to the Citibank app on your iPhone, do you call Apple or Citibank?

You do realize just like the back of a physical credit or debit card, an app is able to present a hotline number for customers to call in case of issues, right?
 
How is Apple a monopoly?

They don't have anything approaching 50% in any EU market.

Isn't this a pretty clear monopoly abuse?

Apple is not a monopoly.


They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

You can argue that Apple is not an absolute monopoly given their marketshare and the existence of other platforms, but that is obviously not the criterion applied here, so it's a pointless argument, no matter how true it is.

I don't know...I've hear now for like 14 years how Apple DOMINATES the smartphone market. Gets the vast majority of profits, sets direction for everyone, etc. So all of a sudden Apple doesn't dominate the market...they are just a bit player?
Is this the part where you make up completely non-sequitur imaginary arguments that you can then disagree with?
 

Galvanic

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True. I do think that the answer is ‘no - our legal frameworks shouldn’t be fixed in time and unresponsive to changing reality.’ While reasonable people can have reasonable discussions about what the regulatory framework should be, I find the pearl clutching at the very thought of new regulation to be pretty histrionic and ridiculous. The world works in vastly different ways now than it did when the current regulations were written. Of course we need to update.

I think it’s perfectly rational to ask why we would throw away time-tested regulations which have been vetted by the courts and are foundational parts of our legal jurisprudence in favor of a random rewriting that’s driven more by fads than anything logical.

See? Fun, but it’s a rhetorical gimmick, not an argument.

That's not going to be the legal threshold in the EU no matter how many times it's repeated incorrectly

I was responding to the OP, who claimed it was “monopoly abuse” so while you may be right, it’s not pertinent to this stream of the discussion.

I don't know...I've hear now for like 14 years how Apple DOMINATES the smartphone market. Gets the vast majority of profits, sets direction for everyone, etc. So all of a sudden Apple doesn't dominate the market...they are just a bit player?

“Your honor, I’d like to introduce this thread from the Mac Ach as evidence that Apple is a monopoly...”

If someone said “wow, I really murdered that sandwich” after a big lunch, would you accuse them of homicide?

How is this any different?

You’re not supporting your point about “monopoly” by acknowledging that Apple allows a lot of third party access to its phones. That’s hardly abusive.

I guess we can't tell companies what to do until they are a monopoly

You can’t regulate use anti-monopoly regulation on companies unless you actually find them to be a monopoly, yes. Is that a shock to you?
 
I guess we can't tell companies what to do until they are a monopoly

You can’t regulate use anti-monopoly regulation on companies unless you actually find them to be a monopoly, yes. Is that a shock to you?
Is it a shock to you that different legal jurisdictions have different definitions for an abusive use of your position in the marketplace? And using your position abusively may or may not require you to be in a monopolistic position? And that anti-trust regulation does not always address monopolies since trust and monopolies are not the same thing? For example, anti-trust regulations can be used against monopsonies as well, which is the exact opposite of a monopoly. It can also be used against oligopolies, which are definitionally NOT monopolies.

Because it certainly appears to be so. Different countries have different regulations and laws! Why, I never! *clutches pearls*

Just because the US chooses to only use anti-trust legislation against monopolies does not mean that this is the only way that you can use anti-trust legislation.
 
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Galvanic

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Is it a shock to you that different legal jurisdictions have different definitions for an abusive use of your position in the marketplace?

Is it a shock to you that because of those different definitions I would want a court case in that different legal jurisdiction that actually declares Apple a monopoly?

And using your position abusively may or may not require you to be in a monopolistic position? And that anti-trust regulation does not always address monopolies since trust and monopolies are not the same thing?

Are you aware that in this thread I'm responding to an OP who claimed "monopoly abuse" on the part of Apple?

So is your answer, no, I can't point to a European court case that has declared Apple a monopoly?
 

ant1pathy

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They own 100% of the iOS platform and are using that monopoly power to block all other competitors from accessing the platform.

Lots of companies own 100% of their platform and block other competitors from accessing that platform. That does not make them a monopoly anymore than Apple is. Fox owns 100% of its platform and does not let MSNBC broadcast their shows on Fox. MSNBC owns 100% of its platform and does not let Fox broadcast its shows on NBC. Hilton Hotels owns 100% of its platform and does not let Hyatt sell their rooms.

If, however, MSNBC owned hotels and did not let Fox broadcast there — do you think they’d be able to do that?

...yes? And if people specifically choose the MSNBC hotels because they didn't allow Fox to broadcast, is the best solution to remove the choice to select a hotel that provides a desired restriction?
Um, yes. You have freedom of conscience in most democratic, western countries. If a hotel kicked you out for watching Fox or whatever the hell you wanted on your personal device, they sure as hell should be sanctioned.

Freedom of association. Unless it's a protected class, you can discriminate on any criteria you choose. A hotel chain that has the policy of "no Fox News" is 100% legal (in the US). Your freedom of conscience is from government interference, not businesses.
 
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wrylachlan

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Some of the proposed remedies seems pretty common sense to me. Eliminating self-preferencing with APIs is fine. Might it slow innovation if it means you don’t have a private API period to tinker with and instead need to get the public API right from the get go? Sure, who cares. Avoiding self-preferencing in competing apps on your own platform - that seems pretty straightforward as well.

Uhhh.... me, the user? I care. If I wanted an Android phone I'd have bought one. I buy iOS specifically because of the platform lock-down. Legislating that iOS be more like Android reduces choices in the market, and is kind of a slap in the face to the people who deliberately voted with their wallets to patronize the platform with the set of tradeoffs they prefer.
Because you like the status quo doesn’t necessarily mean it’s just or pro-social. It only means that you perceive it to be benefiting you. That’s not a good standard from which to develop a legal framework. I love to have cheap goods delivered to my house by Amazon. But I also support regulating the shit out of their anti-social practices. It will likely be a net negative for me personally if those regulations are enacted.

There’s also an embedded assumption that consumer choice is an inherent good. I don’t think that’s necessarily the case. Surely if cotton were less expensive I’d have more choice in cheap shirts. That doesn’t justify a return to slavery. It’s totally fine if choices disappear as a result of regulating away an unjust anti-social practice.

——-
All that said, I don’t for a second buy into the notion that opening APIs or providing alternative app stores will negatively impact the Apple experience. I 100% but into the simplicity, clarity and privacy rationales for buying Apple products. I’m an all Apple household. I’m not all all afraid that regulation will change the things I love about Apple hardware and software.
 
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wrylachlan

Ars Legatus Legionis
12,768
Subscriptor
True. I do think that the answer is ‘no - our legal frameworks shouldn’t be fixed in time and unresponsive to changing reality.’ While reasonable people can have reasonable discussions about what the regulatory framework should be, I find the pearl clutching at the very thought of new regulation to be pretty histrionic and ridiculous. The world works in vastly different ways now than it did when the current regulations were written. Of course we need to update.

I think it’s perfectly rational to ask why we would throw away time-tested regulations which have been vetted by the courts and are foundational parts of our legal jurisprudence in favor of a random rewriting that’s driven more by fads than anything logical.

See? Fun, but it’s a rhetorical gimmick, not an argument.
So what’s your argument? What makes you think that the current situation is similar enough to prior situations that new regulation is not needed?

Prior anti-trust regulation was based on the idea that certain amounts of market power were undesirable because they strangled the economic activity of others in an anti-social way. Are you arguing that platforms don’t have the economic power to strangle others activity? Or that the results of that strangling aren’t anti-social?

I’m not sure how you can argue that platforms like the App Store and Google Play don’t have market power that is on par with and in many cases much much greater than organizations that we as a society have chosen to regulate in the past. Does Apple really have less market power than Bell? Does Amazon have less market power than the railroads?
 
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