The trial will have to render a decision which will apply to some 20 million iPhone or iPad owners who used the paid features of the App Store in the United Kingdom between the end of 2015 and the end of 2024.
Has US giant Apple abused its app store’s dominant position in the UK? A trial opened Monday morning in London in which the plaintiffs hope to obtain more than one and a half billion pounds (1.8 billion euros) for British users of the App Store.
The case is brought by Rachael Kent, academic at King’s College London, “on behalf of all users of mobile devices” developed by the Apple brand, recalled Mark Hoskins, of the Hausfeld firm, at the opening of the procedure. & Co, one of the plaintiffs’ attorneys.
Under UK law, in this type of collective action, all potentially affected people are included in the proceedings by default (and may benefit from possible compensation) unless they voluntarily withdraw.
The trial, scheduled for seven weeks at the Competition Appeal Tribunal, will therefore have to render a decision which will apply to some 20 million iPhone or iPad owners who have used the paid features of the App Store in the Kingdom -United between the end of 2015 and the end of 2024, estimate the complainants in a press release.
30% commission
They denounce the fact that Apple “requires that all native applications (designed specifically for its operating system, editor’s note) be distributed in the App Store” and that there “can be no alternative” to its app store, Mr. Hoskins summarized.
“Under its general conditions, Apple excluded all competition,” ruled the lawyer.
The complaint, filed in May 2021, is also based on the fact that a 30% commission is “imposed on applications purchased via the App Store” to request compensation which exceeds one billion pounds.
This increase “concerns most applications” at the time of downloading but also during purchases on the application itself, detailed Rachael Kent to AFP, citing the example of the dating platform Tinder.
On the other hand, it does not apply to applications offering physical products such as the delivery services Deliveroo or Uber Eats, the academic said.
-Contacted by AFP, Apple referred to a statement dating from 2022, in which it assured that 85% of applications on the App Store are free.
“Unfounded”
This procedure is “unfounded”, affirmed the company, for which the commissions charged on the App Store are in reality “very close to those charged by all other digital marketplaces”.
The company also believes that there is no evidence that the developers, to whom the commission is billed, would pass on a possible reduction and indicates that a large majority of them, particularly small businesses, benefit from a reduced rate of 15%. .
Investigations and complaints have increased around the world against Apple in recent years, particularly over its app store.
The American giant is thus the target of another procedure for 785 million pounds (933 million euros) in the United Kingdom over the prices charged to developers.
The European Commission, for its part, opened the way in June to a giant fine against the group, considering that the App Store did not respect its new competition rules.
To comply with the Digital Markets Regulation (DMA), Apple has finally agreed to relax its rules, allowing – but only in the EU – users of its smartphones and tablets to delete the App Store or use a competing app store.
This shows that Apple is “responding to the investigations” targeting it but “I don’t think they will do it voluntarily, which is why it is really important to launch these collective actions,” said Rachael Kent.
