Timeline

3 March 2021: CMA opens App Store investigation

The Competition and Markets Authority launches an investigation into Apple’s conduct in relation to the distribution of apps on iOS and iPadOS devices in the UK, in particular, the terms and conditions governing app developers’ access to Apple’s App Store. The investigation is ongoing.

24 August 2021: Dutch ACM obliges Apple to adjust unreasonable conditions

The Dutch Competition Authority issues a decision against Apple that it breached Dutch and EU competition law by imposing unreasonable conditions on dating app developers through requiring them to use Apple’s billing system for user transactions and prohibiting them from referring users to alternative payment methods.

10 September 2021: US judge finds Apple’s steering rules unlawful

Judge Yvonne Gonzalez-Rogers rules that Apple’s anti-steering provisions are anticompetitive and therefore unlawful. As a result, Judge Gonzalez-Rogers issued a permanent injunction in the US preventing Apple from enforcing its anti-steering provisions. Apple’s attempts to appeal the injunction were unsuccessful.

10 June 2022: CMA publishes its MEMS Report

The Competition and Markets Authority publishes its final report following a market study into Apple’s and Google’s mobile ecosystems, which finds (amongst other things) that the lack of competition faced by the App Store allows Apple to charge above a competitive rate of commission to app developers.

25 July 2023: Dr Sean Ennis’s claim filed with CAT

Dr Sean Ennis’s claim is filed with the Competition Appeal Tribunal on behalf of UK app developers.

23-24 January 2024: Jurisdiction Challenge Hearing in Dr Ennis’s Claim

The Competition Appeal Tribunal hears Apple’s application to dismiss the Ennis claim on the basis that it does not have jurisdiction.

12 April 2024: CAT Dismisses Apple’s Jurisdiction Challenge in Dr Ennis’s Claim

The Competition Appeal Tribunal hands down its judgment dismissing Apple’s jurisdiction challenge in its entirety.

6 March 2024: EC fining decision against Apple for anti-steering provisions

The European Commission finds that Apple’s anti-steering provisions amount to unfair trading conditions and fines Apple over €1.8 billion for abusing its dominant position in the market for the distribution of music streaming apps to iOS users.

25 March 2024: EC announces investigation into Apple’s DMA compliance

In March 2024, the European Commission announced an investigation into Apple’s App Store fee structure compliance with the EU’s Digital Markets Act. The investigation is ongoing.

7 June 2024: First CMC

CAT sets out directions for a certification hearing to be heard in September 2024. This will be the hearing at which the CAT will determine whether Dr Ennis’s claim should proceed.

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