Apple Probe Ruling : Battle in the Court of Appeal

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The plot thickened when, previously, the CMA plotted a course intending to shine a light into the opaque waters of Apple’s influence. But alas, the CAT deemed the CMA had surpassed statutory deadlines to decide whether to unfurl its sails and launch a full-scale market investigation into the technological behemoth post-concluding a crucial market study in 2021.

The CMA: A Pheonix Desiring to Rise from the Ashes

Rob Williams KC of Monckton Chambers, the regulatory warrior representing the CMA, elucidated that although the regulator did not formally advance the investigation, it anticipated being bestowed with new statutory powers through the impending Digital Markets, Competition, and Consumers Bill. This power was expected to illuminate the identified issues and bridge chasms found within Apple’s powerful dominion.

However, as the sands of time slipped through, a shift in circumstance, including delays in introducing new powers, prompted the CMA to armor up and resolve to deepen its investigative pursuits. A proclamation was made in November, expressing the CMA’s intent to explore the alleged fortress-like duopoly held by Google and Apple in mobile browsers, a forcefield potentially restricting consumers’ access to other digital territories.

A Clockwork of Contention

The CAT’s May decision further constricted the CMA’s ambitions, asserting that any market investigation reference spurred from the market study must be planted within a six-month window, and the reference itself crafted within a 12-month sphere.