The Absurd Apple Antitrust Lawsuit

“As far as consumer complaints go, of course, there’s nothing wrong with some of the DOJ’s concerns. We might wish that every product we owned was compatible with every other product we owned and that they worked in perfect tandem. We might wish we never had to consider tradeoffs between price, function, design, compatibility, etc.
Where this gets crazy is the federal government saying: Consumers being able to choose whether to use a product is not good enough. We’re going to step in and say that this business has to make a competitor’s products more accessible. It has a legal duty to undermine its own business interests to help outside—and many would argue inferior—products compete.

In the vein of other recent antitrust actions against tech companies, particularly under the Biden administration, the Apple suit relies on an absurd conception of how the law should work. And it’s a conception that could seriously harm innovation, weaken the position of U.S. tech companies, and mess with products many people like.

And many people really, really love Apple products, including iPhones.

The bottom line: Nobody has to use an iPhone, and no developer has to distribute its app through the App Store. There are other ways to communicate, other smartphone options, and other ways to distribute apps (including other ways to distribute apps to iPhone users). That many people still carry iPhones and distribute their apps through the App Store speaks to the fact that many people find the phone’s upsides and the App Store’s upsides stronger than any downsides.”

https://reason.com/2024/03/25/the-absurd-apple-antitrust-lawsuit/

The secrets Google spilled in court

“Google’s revenue-sharing deal with Apple was a major part of the trial because Apple is believed to get the bulk of what Google pays out in those agreements. Having a default search placement on Apple devices, which make up roughly half of the smartphone market in the US, is extremely important to Google. We’ve known for years that Google pays Apple for that default placement — this also stops Apple from developing its own search engine — but that’s about it. While Google tried to keep virtually everything about the deal away from the public, we still got a few new details.

In an apparent slip-up, Google’s own witness in the waning days of the trial told us how much of Google’s ad revenue Apple gets: 36 percent for searches done on its Safari browser. The monetary value of that 36 percent is still a mystery. Judge Mehta did not disclose how big Apple’s slice of the $26.3 billion pie is, allowing the DOJ only to say it’s “more than $10 billion.” But the New York Times, citing internal Google sources, put it at $18 billion.”

“We didn’t just find out some of Google’s secrets; a few things about Apple came out, too. Apple’s senior vice president John Giannandrea testified that his company talked to Microsoft about buying Bing in 2018. Apple ultimately decided against it, but not before using the possibility as leverage in its search default negotiations with Google, something Microsoft is still pretty sore about. Apple executive Eddy Cue testified that the company chooses Google to be the default search because it believes Google is the best for its users. But speaking of Bing …”

“Multiple Microsoft executives, including CEO Satya Nadella, testified that Microsoft really, really wanted to make Bing the default search on Apple devices, to the point where it was willing to lose billions of dollars a year for the privilege. Samsung and Verizon, the trial also revealed, essentially refused to even negotiate with Microsoft over changing their search defaults to Bing. Perhaps they were thinking of Mozilla’s experience switching from Google to Yahoo. Mozilla CEO Mitchell Baker testified that Yahoo offered more money and fewer ads, so Mozilla’s Firefox browser switched the default from Google to Yahoo in 2014. Mozilla switched back to Google a few years later, which Baker attributed to Google’s search being better for its users, echoing the point that Google emphasized in its defense.”

https://www.vox.com/technology/2023/11/16/23962967/google-search-antitrust-trial-what-we-learned

Why Is the EU Telling Apple Which Chargers It Can Use?

“After ten years of hard work to try and promote innovation and consumer welfare, the European Union has revealed its bold plan: to force device manufacturers to use a single charging standard.

The Eurocrats are now hard at work patting themselves on the back for this glorious outcome of the decade-long “trilogue on the common charger.” By 2024, wired devices sold in the EU must use the USB-C charging port and will not be sold with a charger by default. This is intended to “curb e-waste” and give consumers “more choice.” Can you feel the innovation? Never say the EU does not dream big.

Unless you are one of the 56 million or so Europeans who use iPhones, not much will change. Private companies have converged on common standards for years. Most, if not all, of your devices might already use the nifty USB-C charger, which in addition to being small and symmetrical, allows fast charging to boot.

And some Apple products, like my own MacBook Air, use the USB-C standard too. It is nice to be able to seamlessly charge my phone and my laptop without hassling with extensions.

The problem is the iProducts. Most, but not all, of these famously (or infamously) use Apple’s proprietary Lightning connector, which is incompatible with other companies’ devices. iPhones, iPads, and iPods usually use Lightning connectors, which means people need to have a separate charger for these specific products.

The Lightning charger has few fans today. It’s proprietary, it doesn’t always allow fast charging, and you’ll pay a lot for the privilege. Haters—and there are many—will be tempted to applaud this move by the EU.

But as usual, the EU’s meddling will almost certainly have the opposite effect that it is intending. Instead of “limiting e-waste,” this ban will create millions of useless chargers that will soon head to a landfill.”

“Although that rat’s nest of old chargers in your bedside table is aesthetically salient (and awful), it’s apparently not a big contributor to this ballyhooed e-waste problem. According to the 2020 Global E-Waste Monitor, chargers represent some 0.1 percent of the 53.6 million metric tons of tech garbage produced each year.

As usual, the EU is spending a lot of time and effort on something that is not that big of a problem in the grand scheme of things.”

“Apple is not a big fan of the rules, having argued that the prohibition on non-USB-C chargers will limit the kinds of innovations they can offer their customers. This might not convince the well-sized anti-Lightning community, but it is a little rich that professional bureaucrats who have not so much as opened a business in their lives would deign to tell some of the world’s most successful technology companies how to design their products.”

Apple broke Facebook’s ad machine. Who’s going to fix it?

“Facebook says changes Apple made that affect how ads work on iOS apps — namely, that it’s now much harder for app-makers and advertisers to track user behavior — will cost it $10 billion in revenue this year.

For context: Facebook is still making an enormous amount of money from advertising — analyst Michael Nathanson estimates the company will generate $129 billion in ad revenue in 2022. But that would mean its ad business will only grow about 12 percent this year, compared to a 36 percent increase the previous year. Wall Street has prized Facebook for its ability to grow at a rocket velocity, and now that rocket may be sputtering.”

Apple shut down a voting app in Russia. That should worry everyone.

“Apple and Google shut down a voting app meant to help opposition parties organize against the Kremlin in a parliamentary election in Russia that’s taking place over the weekend. The companies removed the app from their app stores on Friday after the Russian government accused them of interfering in the country’s internal affairs, a clear attempt by President Vladimir Putin to obstruct free elections and stay in power.

The Smart Voting app was designed to identify candidates most likely to beat members of the government-backed party, United Russia, as part of a broader strategy organized by supporters of the imprisoned Russian activist Alexei Navalny to bring together voters who oppose Putin. In a bid to clamp down on the opposition effort, the Russian government told Google and Apple that the app was illegal, and reportedly threatened to arrest employees of both companies in the country.

The move also comes amid a broader crackdown on Big Tech in Russia. Earlier this week, a Russian court fined Facebook and Twitter for not removing “illegal” content, and the country is reportedly blocking peoples’ access to Google Docs, which Navalny supporters had been using to share lists of preferred candidates.”

How the Apple lobbying machine took on Georgia, and won

“Apple’s aggressive lobbying efforts in Georgia, the extent of which were previously unreported, highlight a pattern that has played out with little national attention across the country this year: State lawmakers introduce bills that would force Apple and its fellow tech giant Google to give up some control over their mobile phone app stores. Then Apple, in particular, exerts intense pressure on lawmakers with promises of economic investment or threats to pull its money, and the legislation stalls.”

The Trump administration forced Apple to turn over lawmakers’ data. Democrats are outraged.

“That the Department of Justice sought the private phone data of US lawmakers without their knowledge is remarkable and disturbing. While details are still emerging, the exchange sets a concerning precedent about the ability of the executive branch to obtain the digital records of lawmakers as well as tech companies’ roles in complying with such orders.”

“The DOJ’s inspector general, Michael Horowitz, announced on Friday that he will start a review of the agency’s actions under the Trump administration and will look at “whether any such uses, or the investigations, were based upon improper considerations.””

The Big Tech antitrust report has one big conclusion: Amazon, Apple, Facebook, and Google are anti-competitive

“The 400-plus page report, written by the majority staff of the Democratic members of the House Judiciary Subcommittee on Antitrust, is the result of a 16-month investigation into whether these corporate giants abuse their power, and whether the country’s antitrust laws need to be reworked to rein them in. The report released Tuesday cites numerous examples of each tech titan engaging in acts that the lawmakers believe have hurt innovation and impede competition. While the anti-competitive behaviors cited vary from company to company, they are all linked by the allegation that the four giants abuse their gatekeeper status in various internet industries to secure and grow their market power in those sectors and others.”