Apple asks U.S. judge to toss antitrust lawsuit
Apple this week asked a U.S. judge to dismiss a lawsuit by federal and state antitrust regulators accusing it of illegally monopolizing the smartphone market. Apple said the lawsuit, if successful, would see a judge redesigning the iPhone.
The Justice Department, 19 states and Washington, D.C., accuse Apple of an illegal monopoly on smartphones maintained by imposing contractual restrictions on, and withholding critical access from, developers.
In a motion filed in federal court in Newark, New Jersey, Apple argued that putting reasonable limitations on third-party developers’ access to its technology did not amount to anti-competitive behavior, and forcing it to share technology with competitors would chill innovation.
“Endorsing such a theory would require courts to oversee product-design and policy choices in dynamic technical markets,” Apple said.
The Justice Department says that by hampering interoperability between the iPhone and third-party apps and devices, Apple locks users into its own products and harms competition in the market. But Apple argued that the lawsuit fails to raise any evidence that its practices harm competition or consumers, who it says plausibly switch to a competitor if they dislike what iPhone features.
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MacDailyNews Take: This case stinks to high heaven – and not just because it’s in Newark.
Apple’s App Store is a business, not a free utility:
It’s Apple’s App Store. Of course they have a right to charge commissions.
Apple’s App Store isn’t a charity and it’s not free to operate. – MacDailyNews, November 14, 2022
How much did it cost developers to have their apps burned onto CDs, boxed, shipped, displayed on store shelves prior to Apple remaking the world for the better for umpteenth time? Apple incurs costs to store, review, organize, surface, and distribute apps to over one billion users. — MacDailyNews, June 10, 2022
See also: U.S. DOJ’s Apple case is wrong on the facts and law and should never have been brought – March 22, 2024
Furthermore, if developers want to advertise lower prices elsewhere using Apple’s App Store, they should be charged an advertising fee to doing so.
All of that said, those who want safety, security, and privacy will stick to Apple’s App Store, but a single point of control is always a danger, especially when it comes to capricious censorship (see: pre-Musk Twitter, Apple’s App Store in China, etc.).
iPhone and iPad users must, like Mac users, have the ability to install third-party apps; even if they never do, for it will keep Apple honest. The ability to ban an app loses all power when it’s simply available in another App Store. – MacDailyNews, December 13, 2022
AppleInsider‘s William Gallagher and Mike Wuerthele have written an article which highlights the flimsiness of the DOJ’s case. Read it here: Apple will crush the DOJ in court if Garland sticks with outdated arguments.
(Beloved interns, please commence with your most sacred duty and Tap That Keg! Prost, everyone! )
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[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]
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