Apple has rejected promises by the opposition watchdog that it operates just one of Australia’s dominant app marketplaces, indicating that it faces “significant competitive constraints” from other market gamers.
It has also criticised the Australian Competition and Consumer Commission’s (ACCC) probe, which it explained would make an assumption that “there is a related market failure arising from Apple’s purported market power”.
“Apple does not consider that, adequately examined, that assumption is right in the broader on-line context… and is worried that this sort of an assumption implies that the commission’s evaluation may not be analyzing whether or not that assumption is effectively launched as a beginning point,” it explained.
In its submission [pdf] to the most recent iteration of the electronic platforms inquiry, Apple explained it faces opposition equally in the iOS ecosystem and from external resources this sort of as Google Perform and, as this sort of, does not have a “substantial degree of power”.
“Apple perceives and treats other distributors of applications, for platforms other than iOS, as major opponents whose pricing and insurance policies constrain Apple’s capability to exercising ability more than developers,” it explained.
“Apple is not in a position to disregard the surroundings in which its app marketplace operates and does not take the commission’s characterisation of the Apple Application Keep as ‘the most dominant app marketplace by a substantial margin’.”
Apple explained that “even if a person only owns iOS-primarily based units, distribution is significantly from constrained to the Apple Application Keep for the reason that developers have several alternate channels to reach” customers this sort of as via a conventional internet site.
It explained a internet site could operate as equally a distribution portal or as progressive internet apps (PWAs), a kind of application – developed using prevalent internet engineering like HTML5 – with the exact same glimpse and really feel as a standalone app that is shipped via the internet.
Apple also pointed to situations ended up “developers may give iOS customers obtain to electronic media content material in the iOS app that the person purchased from the developer outside the app, on a website” this sort of as Spotify.
“In these conditions, developers receive all of the income they crank out from bringing the customers to their app. Apple gets no commission from supporting, hosting and distributing these applications,” it explained.
Even outside of the iOS ecosystem, Apple explained it “competes directly” with other app merchants like Google Perform, as effectively as internet-primarily based app merchants this sort of as Steam, as people generally possess other non-Apple units.
This sort of “cross-system competition… improves intra-system opposition for distribution of applications in the platform”, with “customers switching between units with various operation systems… a continuous threat”.
“For all simple uses, this implies the Apple Application Keep competes for distribution, as effectively as for commissions related with shopper acquisition, subscriptions, memberships, or in-app buys, with the myriad platforms on which other units as primarily based,” Apple explained.
“If Apple drastically changes its distribution pricing or phrases, developers have – and importantly, truly use – several options for acquiring their applications to customers.
“The shown actual-environment interchangeability of the offered distribution options strongly indicates that they all occupy a one related market.
“Therefore, there is powerful proof that the related market for app distribution is not iOS-specific.”
Apple explained that “if the related market encompasses the distribution of equally iOS and non-iOS applications, it is complicated to take the commission’s characterisation of the Apple Application Keep as a ‘dominant app marketplace’ or as just one of ‘the two main app marketplaces”.
“In Apple’s watch, there is no proof which indicates that Apple has market ability in that it has an capability to act persistently in a fashion materially various from the conduct that would be noticed for a agency in a ‘workably competitive’ market.”
In response to strategies that the service fees gathered via in-app buys stymy opposition for app developers, Apple explained that none of its Application Keep or in-app obtain insurance policies “reflect market ability or manifest exclusionary intent or any other issue or characteristic one of a kind to Apple”.
“People insurance policies are not one of a kind to Apple. In truth, all of the Application Keep procedures – which include equally its commission stages and its insurance policies relating to use of Apple’s in-app obtain process and absolutely free-riding (anti-circumvention) – are commonplace in the marketplace across other electronic platforms,” it explained.
Apple also famous that the “requirement to use in-app buys for product sales of electronic content material via the Application Keep does not mean that developers are paying Apple to “use” in-app purchases”.
Instead, “developers fork out for the use of the Application Keep when they promote electronic content material in iOS applications,” it argued.
Apple normally normally takes a 30 % slice of in-app obtain income, however before this year decreased its commission to 15 % for computer software developers that make US$one million or fewer each calendar year.