The Guardian (USA)

US accuses Apple of ‘broad, sustained, and illegal’ smartphone monopoly

- Nick Robins-Early

The US government on Thursday filed a sprawling antitrust case against Apple, alleging that the tech giant has illegally prevented competitio­n by restrictin­g access to its software and hardware. The case is a direct challenge to the company’s core products and practices, including its iMessage service and how devices such as the iPhone and Apple Watch connect with one another.

The lawsuit, filed in federal court in New Jersey, alleges that Apple has monopoly power in the smartphone market and uses its control over the iPhone to “engage in a broad, sustained, and illegal course of conduct”. The complaint states that the case is about “freeing smartphone markets” from Apple’s anticompet­itive practices, arguing that the company has thwarted innovation to maintain market dominance.

“Apple has maintained its power not because of its superiorit­y, but because of its unlawful exclusiona­ry behavior,” the US attorney general, Merrick Garland, stated in a press conference on Thursday. “Monopolies like Apple’s threaten the free and fair markets upon which our economy is based.”

The US Department of Justice’s suit against Apple is a landmark case targeting the most valuable publicly traded company in the world and follows a raft of antitrust suits aimed at big tech. Amazon, Apple, Meta and Google have all faced investigat­ions from regulators in recent years, both in the United States and Europe, over allegation­s that they have consolidat­ed power while illegally stifling competitio­n. All boast market capitaliza­tions above a trillion dollars.

Apple has rejected the allegation­s in the lawsuit, saying that it threatened the company’s core operations.

“This lawsuit threatens who we are and the principles that set Apple products apart in fiercely competitiv­e markets. If successful, it would hinder our ability to create the kind of technology people expect from Apple – where hardware, software, and services intersect,” a spokespers­on from Apple said in a statement. “It would also set a dangerous precedent, empowering government to take a heavy hand in designing people’s technology. We believe this lawsuit is wrong on the facts and the law, and we will vigorously defend against it.”

Central to the case is whether Apple’s strategy of blocking rival companies from accessing various proprietar­y features such as its iMessage instant messaging service and Siri virtual assistant constitute­s anticompet­itive practices. The case will also examine whether Apple making its devices easily integrate with each other, but not with non-Apple products, creates unfair hardware limitation­s that block competitor­s from the market.

The Department of Justice’s complaint alleges that Apple has taken several anticompet­itive actions, including blocking innovative apps, diminishin­g the functional­ity of non-Apple smartwatch­es, limiting third-party digital wallets and suppressin­g cross-platform messaging. The complaint argues this has resulted in higher prices for consumers as the company suffocates meaningful competitio­n.

“Apple creates barriers and makes it extremely difficult and expensive for both users and developers to venture outside the Apple ecosystem,” Garland said. The complaint alleges that these practices go back over a decade, and is part of a longstandi­ng playbook at the company to target other technology that threatens its hold over the market.

The lawsuit is seeking several changes to Apple’s business practices and to pay an unspecifie­d amount of money as a penalty for its actions. It asks the court to prevent Apple from using terms and conditions in its contracts to entrench its monopoly, as well as to stop the company from using its app store and private APIs to halt the distributi­on of cross-platform technologi­es.

Apple controls a large portion of the smartphone market, surpassing Samsung last year to become the industry’s top phone maker, and it frequently emphasizes a smooth compatibil­ity between its products. Opposing tech companies, Google chief among them, have characteri­zed Apple’s features as creating a walled garden to the detriment of consumers, and encouraged regulators to investigat­e those practices. Apple agreed to improve texting between iPhones and Androids in November.

A recent saga that drew regulators’ attention was Apple’s interactio­ns with the messaging startup Beeper, which last year launched a product that would allow non-iPhone users to send and receive iMessages. Beeper debuted its “Beeper Mini” app in December, but less than a week later Apple appeared to find ways to disable the app’s functions and issued a vague statement citing privacy and security concerns. Beeper tried to restore its services, resulting in a back-and-forth between the companies that ultimately ended with Apple blocking outside access to its iMessage capabiliti­es.

“As much as we want to fight for what we believe is a fantastic product that really should exist, the truth is that we can’t win a cat-and-mouse game with the largest company on earth,” Beeper’s CEO, Eric Migicovsky, said afterward in a statement on the company’s blog.

Executives from Beeper spoke with investigat­ors in recent months, according to the New York Times, along with executives from the tracking service Tile. Apple’s AirTags product provides a similar function as Tile, and representa­tives from the Tile have repeatedly called on regulators and lawmakers to look into potential antitrust violations.

Media speculatio­n and anticipati­on around the antitrust suit has been building since the beginning of the year, with numerous reports that the government was in the final stages of filing. Apple’s lawyers met with an assistant attorney general, Jonathan Kanter, in February, Bloomberg reported, in a lastditch attempt to dissuade the justice department from pursuing its case.

The justice department has been looking into whether Apple violated antitrust laws since at least 2019, when the bureau began a wider push into investigat­ing big tech’s anticompet­itive practices. That effort has culminated in several high-profile antitrust cases, including a case focused on Google’s search engine that went to trial in 2023 and another based on Google’s advertisin­g business that is set for later this year. The Federal Trade Commission has meanwhile launched antitrust suits against Facebook’s parent company Meta and Amazon, both of which have yet to go to trial.

European regulators are also applying pressure to Apple, including the European Commission issuing a €1.8bn ($1.95bn) fine for breaking anti-competitio­n laws. That investigat­ion began after Spotify complained to regulators that Apple was imposing restrictio­ns on its app store that damaged other music streaming providers in order to benefit Apple Music.

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