Apple won its appeal against the decision by Britain’s antitrust regulator to launch an investigation into its mobile browser and cloud gaming services, the Competition Appeal Tribunal (CAT) ruled on Friday.
Regulator the Competition and Market Authority (CMA) opened a full investigation in November into the dominance of Apple and Alphabet’s Google in mobile browsers, and the possibility of the iPhone maker restricting the cloud gaming market through its app store.
Apple argued that the CMA had “no power” to launch such a probe because it did so too late.
Its lawyer Timothy Otty said earlier this month that the market investigation should have been opened last June at the same time the CMA published a report on mobile ecosystems, which found the two tech giants had an “effective duopoly”.
The CAT endorsed Apple’s argument, saying that in declining to take action at that time only in the expectation of receiving further powers it might well be said that the CMA “erred in law”.
The CMA said it was disappointed with the ruling.
“Today’s judgment has found there are material constraints on the CMA’s general ability to refer markets for in-depth investigations,” it said in a statement.
“This risks substantially undermining the CMA’s ability to efficiently and effectively investigate and intervene in markets where competition is not working well.
“Given the importance of today’s judgment,” it added, “we will be considering our options including seeking permission to appeal.”
© Thomson Reuters 2023
