The UK antitrust regulator, the Competition and Markets Authority (CMA), has been refused permission to appeal a ruling in a case involving tech giant Apple. The case concerns allegations that Apple abused its market power by making it difficult for third-party app developers to distribute their apps outside of the company’s App Store.
The CMA had previously ruled that Apple’s policies were anti-competitive and had the potential to harm consumers. The regulator had also ordered Apple to allow developers to use alternative payment systems for in-app purchases, which would bypass Apple’s own payment system that takes a commission on each transaction.
However, Apple appealed the ruling, and in March 2022, the Competition Appeal Tribunal (CAT) overturned the CMA’s decision, stating that the regulator had not adequately proved that Apple had a dominant position in the market.
Following the CAT’s ruling, the CMA applied for permission to appeal to the Court of Appeal. However, the application has now been rejected by the CAT, meaning that Apple’s victory in the case is final.
The CMA expressed disappointment at the decision and said that it believed the CAT’s ruling was incorrect. The regulator also stated that it would continue to work to promote competition and protect consumers in digital markets.
Apple welcomed the CAT’s decision and said that it had always believed that its App Store policies were pro-competitive and provided a safe and secure platform for users and developers.
The case has significant implications for the tech industry, particularly in the area of app stores and digital marketplaces. It highlights the tension between the power of large tech companies and the need to promote competition and innovation in the market.
Overall, while the CMA’s application to appeal the ruling has been rejected, the regulator’s efforts to promote competition and protect consumers in digital markets are likely to continue, and the outcome of the case will be closely watched by industry stakeholders and consumers alike.
