Proton v. Apple
We believe that Apple’s conduct, as detailed in the complaint we filed, constitutes further violations of US antitrust law. Without this case, Apple could get away with behavior in the US that is already outlawed in the European Union. If this were to happen, American consumers, and developers focused on the American market, would have to pay higher prices for fewer choices, and be left at a disadvantage.
There is also urgency to act now because of a parallel class-action suit by app developers against Apple on May 23, and any settlement there could be binding on all other developers. By joining that lawsuit, we can ensure that this suit will not only be about monetary damages to compensate app developers for the harm caused by Apple’s conduct, but also changes to App Store policies that will improve the state of the internet. We are seeking to permanently end anti-competitive behavior on the App Store, and we are joining this lawsuit to ensure that any future settlement enforces real changes to Apple’s practices and policies to benefit all consumers, developers, and competition, and not just cosmetic changes.
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Companies that monetize user data in exchange for “free” services that abuse your privacy aren’t affected by this, as they don’t process payments through the App Store. However, privacy-first companies that monetize through subscriptions are disproportionately hit by this fee, putting a major barrier toward the adoption of privacy-first business models. Naturally, these are also the very companies Apple is directly competing with through its disingenuous privacy marketing campaigns.
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Apple argues this control is necessary for security reasons. But the reality is that this has made Apple the single point of failure for free speech and a tool of dictatorships. There have been numerous incidents where Apple has removed or censored apps at the behest of authoritarian governments, in order to continue profiting from those markets.
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In 2020, Apple threatened to take Proton VPN out of the App Store unless we removed language from our App Store description that said the app could be used to “unblock censored websites.” We don’t question Apple’s right to act on behalf of authoritarians for the sake of profit, but Apple’s monopoly over iOS app distribution means it can enforce this perverse policy on all app developers, forcing them to also be complicit. We believe it is critical for the future of the internet to end the monopoly on app distribution, so that developers and companies who are prepared to fight for democracy can do so.
Apple also blocked their security update unless they would change the app’s description. The app description had been previously approved with no issues, and the rejection didn’t point to an actual rule violation. This was all after Apple had said that it wouldn’t block bug fix updates.
Proton is also upset that users can’t set Proton Calendar as the default calendar app and that iCloud Drive gets to do background processing stuff that Proton Drive can’t.
Proton seeks an injunction that would require Apple to open iOS to rival app stores and payment services. It also demands monetary compensation for what it calls excessive commissions and the broader competitive harm imposed on developers.
However, they say they will donate any money received from the lawsuit.
At this point, I don’t think there’s any doubt that eventually, all around the world, it will be possible to install third-party apps, or use external payments, with minimal interference from Apple. It might still be a bumpy road to get there. This lawsuit is an unfortunate but likely necessary part of the journey.
Previously:
- Court Orders Apple to Comply With Anti-Steering Injunction
- Apple Removes VPN Apps From Russian App Store
- Apple Transparency Report to Include App Takedowns
- iOS VPNs Are Broken
- ProtonVPN Security Updates Rejected Due to Previously Approved App Description
- HKmap Live Removed From the App Store
- Apple Pulls VPN Apps From China App Store
- Apple Removes New York Times Apps From Chinese App Store
