Apple faces a major new investigation into its dominance of mobile browsers and cloud gaming, following a ruling by the Court of Appeal in London. The court’s decision effectively overturns a previous ruling that had halted the investigation, and strengthens the authority of the UK’s Competition and Markets Authority (CMA).
In November 2022, the CMA launched an investigation into cloud gaming and mobile browser restrictions imposed by Apple and Google, claiming that the two companies were stifling innovation and increasing costs for web developers, cloud gaming service providers and browser makers. This decision was initially overturned by the Competition Appeal Tribunal (CAT), which agreed with Apple that the CMA had taken too long to open an investigation.
The Court of Appeal’s latest ruling made it clear that the CMA had acted within its legal rights and rejected Apple’s argument about time limits. The ruling emphasised that such restrictions only apply to consultation processes within a market investigation and do not limit the CMA’s wider investigative powers.
The Court emphasised the CMA’s role in promoting competition and protecting consumer interests, and the potential “serious consequences” of restricting these powers. The CMA’s investigation, which remains on hold pending Apple’s appeal to the Supreme Court, will resume its efforts to investigate the company’s influence in the mobile browser market and its approach to cloud gaming on the App Store.
