Billion-pound lawsuit against Apple over App Store opens in UK

Apple says the claim is 'meritless'. Kirill KUDRYAVTSEV / AFP
Apple says the claim is 'meritless'. Kirill KUDRYAVTSEV / AFP
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Billion-pound lawsuit against Apple over App Store opens in UK

Apple says the claim is 'meritless'. Kirill KUDRYAVTSEV / AFP
Apple says the claim is 'meritless'. Kirill KUDRYAVTSEV / AFP

Did US tech giant Apple abuse the dominant position of its app store in the UK? A trial opening Monday in which plaintiffs want more than one billion pounds is set to answer that question.
The complaint, filed in May 2021, accuses Apple of breaching European and UK competition laws by "its exclusion of any other app stores from iOS devices" like iPhones and iPads.
It claims that some 20 million Apple users may have been overcharged by the company "due to its ban on rival app store platforms", AFP said.
The complainants say a "30 percent surcharge" that the company "imposes" on apps purchased through Apple's App Store comes at "expense of ordinary consumers".
The case, which Apple has called "meritless", has been brought by Kings College London academic Rachael Kent and the law firm Hausfeld & Co.
The trial is set to last seven weeks at the Competition Appeal Tribunal in London.
At the heart are accusations that Apple used the App Store to exclude competitors, forcing users to use its system and boosting profits in the process.
"The 30 percent surcharge relates to most of the applications that you're going to be using when you're downloading and making in-app purchases on the App Store," Kent told AFP, citing dating platform Tinder as an example.
However, it does not apply to applications offering physical products such as the delivery services Deliveroo and Uber Eats, the academic specifies.
Any user who purchased applications or subscriptions in the British version of the App Store between October 1, 2015 and November 15, 2024 may be entitled to compensation from Apple, believes Kent, a lecturer in the digital economy.
The claim seeks total estimated damages of £1.5 billion ($1.8 billion).
According to British law, in this type of class action, all potentially affected persons are included in the procedure by default, and may benefit from possible compensation, unless they voluntarily opt out.
EU
When contacted by AFP, Apple referred to a 2022 statement, in which it said 85 percent of the applications on the App Store are free.
"We believe this lawsuit is meritless and welcome the opportunity to discuss with the court our unwavering commitment to consumers and the many benefits the App Store and Apple's valuable technologies have delivered to the UK's innovation economy," the statement added.
The company also insists that the commission charged by the App Store is "very much in the mainstream of those charged by all other digital marketplaces".
Investigations and complaints against Apple have multiplied around the world in recent years, particularly regarding its app store.
The American behemoth is the subject of another complaint worth £785 million (936 million euros) related to rates charged to app developers.
Last June, the European Commission accused Apple of breaching its digital competition rules by preventing developers from "freely steering consumers to alternative channels" other than the App Store.
Apple then agreed to relax its rules, announcing in August that iPhone and iPad users in the European Union could delete the App Store and use competing platforms.
"They're responding to these investigations and also being told what to do. I don't think they're going to do it voluntarily, which I think is why it's really important to bring these collective actions," said Kent.



Google Faces More Scrutiny as UK Watchdog Flexes New Digital Competition Powers

The logo of Google LLC is shown at an entrance to one of their buildings in San Diego, California, US, October 9, 2024. REUTERS/Mike Blake/File Photo
The logo of Google LLC is shown at an entrance to one of their buildings in San Diego, California, US, October 9, 2024. REUTERS/Mike Blake/File Photo
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Google Faces More Scrutiny as UK Watchdog Flexes New Digital Competition Powers

The logo of Google LLC is shown at an entrance to one of their buildings in San Diego, California, US, October 9, 2024. REUTERS/Mike Blake/File Photo
The logo of Google LLC is shown at an entrance to one of their buildings in San Diego, California, US, October 9, 2024. REUTERS/Mike Blake/File Photo

Britain's competition watchdog flexed new digital market powers on Monday for the first time with an investigation into Google's search and search ad businesses.

Under beefed-up rules that took effect this month designed to protect consumers and businesses from unfair practices by Big Tech companies, the Competition and Markets Authority said it would determine whether Google should be given “strategic market status” that would require imposing changes to the company's behavior. The investigation adds to global scrutiny that the US tech giant is facing, The AP reported.

The Competition and Markets Authority said it will examine whether Google is using its position in the market to stifle innovation and block rivals. The regulator said it will look in particular at Google's role in shaping the development of new artificial services and interfaces such as “answer engines," in ways that “limit the competitive constraint they impose on Google Search.”

AI-powered chatbots have become increasingly popular with internet users looking for information online. Google last year retooled its search engine so that it now frequently favors responses crafted by artificial intelligence over website links.

Google said in a statement that it "will continue to engage constructively with the CMA to ensure that new rules benefit all types of websites, and still allow people in the UK to benefit from helpful and cutting-edge services.”

AI's potential to transform online search services means fair competition is important, said Sarah Cardell, the UK regulator's chief executive.

“It’s our job to ensure people get the full benefit of choice and innovation in search services and get a fair deal — for example in how their data is collected and stored,” Cardell said in a statement. “And for businesses, whether you are a rival search engine, an advertiser or a news organisation, we want to ensure there is a level playing field for all businesses, large and small, to succeed.”

The CMA will also look into concerns about "exploitative conduct" by Google, including its practice of collecting vast amounts of consumer data without informed consent, and its use of content by website publishers — which could range from major media outlets to startups focusing on narrow subjects — without paying them fairly.

It will also investigate whether Google is giving preference to its own services, such as specialized search shopping or travel services.

The UK investigation is the latest salvo in an onslaught of regulatory pressure that Google is facing on both sides of the Atlantic.

In both the US and Canada, authorities are targeting Google’s ad business with lawsuits accusing the company of anticompetitive or monopolistic conduct in the digital ad industry, which they want to resolve by breaking up the company.

European Union regulators, meanwhile, have been carrying out their own antitrust investigation and signaled that they would push for Google to sell off parts of its business in order to satisfy concerns about its lucrative digital ad business.

The CMA has until October to finish its investigation and said it could, for example, force Google to make changes to its data practices.

The regulator has said it expects to open three to four “strategic market status” investigations of the very largest tech companies in the first year after its new powers took effect.

Shares of Google's parent, Alphabet Inc., were essentially flat before the opening bell Tuesday.