Apple wins appeal against the U.K.’s CMA

 

The U.K.'s Competition Appeal Tribunal (CAT) ruled that Apple has won its appeal against an investigation by the U.K.'s Competition and Market Authority (CMA).  

In Nov. 2022, the CMA opened a probe to investigate whether Apple's ecosystem creates barriers to cloud gaming but reportedly failed to release its findings promptly.  

  • The CMA alleged that Apple restricts cloud gaming through its app store guidelines, which state that all games included in a cloud service must have their own App Store product page. 
  • In February, the CMA outlined specific actions Apple could take to make it easier for cloud gaming services to run on iOS. Apple responded to those remedies, saying it had "significant concerns" regarding the CMA's findings, including that implementing such changes "risk disproportionately impacting Apple's ecosystem." 
  • Apple argued that the CMA opened its probe too late and that it, therefore, had no authority to open its investigation in the first place. The CAT ruled in Apple's favor, stating that the CMA failed to meet the accompanying deadlines. 
  • The U.K. regulator expressed dissatisfaction with the ruling and released a statement, "Today's judgment has found there are material constraints on the CMA's general ability to refer markets for in-depth investigations." The group also announced that it might seek permission to appeal the CAT's decision. 

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