Competition Appeal Threatens Apple

It was announced on the 30^th October that the Court of Appeal would uphold the CMA's right to investigate 'mobile ecosystems'. This ruling overturns the Competition Appeal Tribunal's ('CAT's') findings that such a review would be unlawful — and opens up scope for future investigations into the anti-competitive behaviour of the largest technology platforms.

Background

The CMA published a report in 2021 which set out the organisation's stance towards large technology companies. [1] Noting the centrality of Apple and Google to the digital ecosystem, the CMA expressed worries that 'gatekeeper' platforms could be stifling digital markets and harming consumers (J, bb. 22–23). In particular, the control that Google and Apple have over their respective App Stores could restrict innovation in third-party applications, prioritise first-party concerns under the guise of privacy or security, and drive prices beyond a fair market rate (J, b. 26). Since these concerns fall