Apple wins against UK antitrust regulator’s decision to investigate its mobile browser

Apple has won its appeal against the UK antitrust regulator’s decision to open an investigation into its mobile browser and cloud gaming services, the Competition Appeal Tribunal (CAT) said on Friday.

The Competition and Markets Regulator (CMA) launched an in-depth investigation in November into Apple and Google’s dominance of Alphabet in mobile browsers, and whether the iPhone maker might restrict the cloud gaming market via its app store.

Apple argued that the CMA had “no authority” to launch such an investigation because it did so too late.

His lawyer Timothy Otty said earlier this month that the market inquiry should have been opened last June just as the CMA released a report on mobile ecosystems, which concluded that the two tech giants had a “effective duopoly”.

The CAT agreed with Apple’s argument, saying that by refusing to act at this time solely pending receipt of new powers, the CMA could well be said to have “erred in law.” .

The CMA said it was disappointed with the decision.

“Today’s judgment revealed that there are significant constraints on the CMA’s overall ability to refer markets for further investigation,” it said in a statement.

“This risks significantly undermining the AMC’s ability to effectively and efficiently investigate and intervene in markets where competition is not working well.

“Given the importance of today’s judgment,” he added, “we will consider our options, including seeking leave to appeal.”

© Thomson Reuters 2023

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