Why Apple is appealing an investigation by the UK Competition Authority

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Tech giant Apple has appealed an investigation by the UK Competition Authority into the dominance of its mobile browsers in the cloud gaming market.

Last November, the Competition and Markets Authority (CMA), the UK’s competition regulator, launched a wide-ranging investigation into cloud gaming and mobile browsers over concerns about restrictions imposed by iPhone maker Apple and Google.

US tech giants including the owner of Google alphabet and Appleare increasingly attracting the attention of competition authorities in Brussels, London and elsewhere.

Lawyers representing Apple said in a memorandum filed with the Competition Appeal Tribunal on Friday that the CMA’s investigation should be reviewed. In their argument, the attorneys said that the CMA failed to meet the time requirements associated with opening an investigation.

“Apple is seeking 1) an order overturning the MIR decision. 2) a statement that the MIR decision and the market investigation allegedly initiated with reference thereto are invalid and of no legal effect,” the appeals court filing showed.

In response to the appeal, the CMA said Friday it would defend its position and continue its work according to the legal timetable.

“We launched this investigation to ensure UK consumers get better choice in mobile web services and that UK developers can invest in innovative mobile content and services,” the CMA said in an emailed statement.

There is to be a preliminary hearing on the matter on Tuesday, according to the Competition Appeal Tribunal website.

As early as November 2022, the CMA said Responses to its June consultation indicated “substantial support” for a broader investigation into the matter and how Apple is restricting cloud gaming through its App Store.

“Many UK companies and web developers tell us they feel they are being held back by restrictions from Apple and Google,” Sarah Cardell, interim chief executive of the CMA, said in a statement at the time.

© Thomson Reuters 2023


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