Apple can develop and release technologies as they want - and they can charge for them what they want.
They can release their "Intelligence" or screen sharing features at any (including subscription) pricing they desire.
They can release it as an "Intelligence" App that competes with other AI apps.
They can release it as an operating system feature that other apps may access.
They're just required to provide interoperability for underlying (operating system) platform features.
They can't say: "Only our own intelligence app can integrate through other apps through the system" or "Only our own music streaming service can access our OS intelligence feature - eat this, Spotify!". Or make it "pay for play" to Spotify.
👉 Given Apple's enormous platform power, this strikes a fair balance between Apple's ownership rights and the interests of others.
Apple's platform power, a minority position in the market place, exists because Apple provides value by not allowing (errors and bugs excluded) 3rd parties to violate privacy and security. Customers pay a premium price because they want what Apple provides. No one is compelled to use Apple's product. It is neither critical nor necessary infrastructure that might merit government regulation. There are at least a dozen other companies, each with multiple products, that provide a variety of value propositions.
You say, Apple is free to develop and release technology, but only so long as they adhere to your design requirements and allow you to use their intellectual property for free.
Furthermore, you require them to eliminate the value proposition that is a primary reason I buy iPhones.
I don't want alternative app stores that make it easy for you install security or privacy violating apps on my phone. I don't believe characterizing it as choice vs. no choice is an honest one. You are eliminating my choice to have a phone where I can't be tricked into downloading malware and spyware. Simply saying "don't use an alternative App Store" is a disingenuous reply. You might be sophisticated enough. My grandmother and most users are not.
No, my choice is very limited.
There are many other phones available on the market, at least a dozen with some provided by European companies. The vast majority of people in Europe do not use an iPhone but instead use a phone with an open system freely modifiable by anyone who wants to invest the time and capital to add value.
You sound like a man standing looking at a snow covered mountain and complaining about how bad the downhill skiing is in the valley below. What you want is available. Move and go get it.
When it comes to software platforms (what the DMA is concerned with) my choice is limited:
- Apple iOS and the Apple App Store OR
- Android and the Google Play store
That's it.
It's a duopoly.
What you said isn't true. Has someone lied to you about this? You should do a Google search for alternative app stores. There are a bunch of them.
Choosing the right more like Google Play Store & Apple App Store alternative can be challenging. There are pros and cons of each app store. Here are top 25 Android app store Alternatives in 2023.
www.capermint.com
Perhaps you don't know about the other app stores because, as the behavioral science shows, people really don't want to handle that much choice.
Thus, your duopoly argument is verified as false.
It's like saying that Microsoft is just a minority market participant, cause there's so many HP, Dell, Lenovo, Acer, Asus computers to choose from.
Again, the DMA isn't concerned with the market for hardware purchases. There is, as you say, ample competition in that.
Apple has always followed the maxim set down by Alan Kay: "People who are really serious about software should make their own hardware."
Apparently, you feel EC bureaucrats know more about computing system architecture than the experts and should have a right to dictate how Apple should design and build their system. That is an opinion. I don't agree with it regardless of what set of politicians in any country say. I know they are only saying it because wealthy partisans what them to slice off pieces of Apple's pie and give it to them.
There's way more than two competing holiday regions.
And the Loire Valley (to my knowledge) get's very little snow naturally.
There's way more than two phones. There's way more than two app stores.
For the umpteenth time:
Apple is not a minority player. They're estimated to
command more than half of every Euro spent on mobile apps today.
Looking at the current numbers, Apple accounts for about 30% of unit sales in Europe. That's a minority of the market.
It isn't surprise that people would be buying more apps and subscriptions on the iPhone. Apple created a premium product and a premium environment. It attracts more affluent customers who can afford apps and subscriptions. The safety and security of its environment, along with the convenience and safety of a single, secure payment processor lowers the barrier for people to buy from the App Store and from Apps. Google created a spyware platform. People buy Android phones are on average less affluent. The spyware riddled nature of alternative app stores creates a barrier for people to buy.
It's like saying that Microsoft is just a minority market participant, cause there's so many HP, Dell, Lenovo, Acer, Asus computers to choose from.
Microsoft operating systems are on over 70% of desktop and laptop computers. The vast majority of HP, Dell, et al., personal-computer sales are equipped with Windows. So, no, one wouldn't call Microsoft a minority player in software. Microsoft hardware, however, accounts for a minuscule number of sales by comparison.
In the phone market, Google is in a similar situation. Google software runs on the majority of phones in Europe. Google hardware is a de minimus percentage in comparison to other Android devices.
The harm is obvious. Take music streaming services, for instance:
Music streaming services are expected to be multi-platform services by consumers. And they are expected to provide native-app experience on mobile devices. While not legally forced to develop iOS and Android apps, they do not practical choice from a commercial perspective not to. Apple put(s) them in a dilemma of either having to pay 30% of their revenue as commission to them - or refrain from making any sales-related marketing at their main interaction point with the customer (their apps). All the while Apple themselves have entered the market with a competing service of their own.
The main point of interaction I have with Bimbo Bakeries is my local Smith’s supermarket. Should Bimbo sue Kroger (the company that own Smiths) because they aren’t allowed to advertise cheaper prices are available at the Walmart down the street? I mean, especially since Bimbo pays for the shelf space it takes at the supermarket. Shouldn’t it “own” that space and be able to advertise any way it sees fit?
That doesn't make for fair competition in music streaming services.
Competing services either have higher costs and earn less - or consumers get sub-par user experience.
Spotify owns 31% of the music streaming market worldwide. Apple Music owns 15%. Spotify can be paid for on the web. Users have choice. They can pay on the web or they can pay conveniently and securely in app, where they don't have to reveal their payment information to yet another service using god-only-knows what payment processor in the background.
So, apparently, your argument is that users aren't smart enough to know to check the web for price. But are smart enough to know to buy some products at Walmart because they are cheaper there. And, somehow, they are smart enough to understand all the intricate ins-and-outs of privacy and security to make intelligent decisions about apps from alternate app stores. The former requires little knowledge. The latter requires sophisticated knowledge of the differences between many alternatives.
That sounds a lot like special pleading.