Apple Appeals UK CMA Decision
On Friday the UK Competition Appeal Tribunal (CAT) published a summary of application (PDF) of Apple’s January 18, 2023 appeal of the November 22, 2022 decision of the UK Competition & Markets Authority (CMA) to make a market investigation reference (MIR) into the markets for mobile browsers (particularly browser engines) and for the distribution of cloud gaming services. The court also announced that the initial case management conference would be held on Tuesday, January 24.
Even more crazily, this is the second time that a single word has had a major impact on potential action against the Cupertino company on the very same issues.
The first time came down to the legal difference between an antitrust “study” and an “investigation,” and this time it all hinges on the legal meaning of the word “shall” …
If Apple can win on this procedural technicality, it raises the burden of proof on the CMA for the substantive issues.
See also: Hacker News.
Previously:
Update (2023-04-03): Juli Clover:
The Appeal Tribunal agreed with Apple, and said that the CMA should have launched the market investigation at the same time that it published the duopoly report in June 2021. By not doing so, it “erred in law.”
