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Re:EU says Apple’s App Store breaks competition rules after ... by slver on Friday April 30, 2021 @08:16AM (#26992442)
So then if Apple Music internally pays 30% to App Store, we're all good by this definition.
Re:EU says Apple’s App Store breaks competition rules after ... by MichaelApproved on Friday April 30, 2021 @08:37AM (#26992606)
That’s good for internal bookkeeping but it’s not enough to prevent the unfair advantage.

Take this example: Apple Music “pays” 30% to parent Apple Corp. That 30% payment cuts into Music’s revenue and now they’re operating at a 25% loss.

However, that rough calculation still allows parent Apple Corp to consider Music to be profitable, since it’s a net profit for Apple Corp. It’s happy to take the 25% “loss” in the music division because it’s just a paper loss. In cash terms, the Music division increases Apple Corps profit.

The only real way for this division to be fair is to spin Apple Music off into its own company that is not owned by Apple Corp.

Re:EU says Apple’s App Store breaks competition rules after ... by moffatman on Friday April 30, 2021 @09:53AM (#26993480)
I don't think you considered the loss of the 30% from each apple music customer's previous subscription to a competitor. There's no unfair advantage, the maximum profit apple can make by switching a customer away from spotify is spotify's profit.
Re:EU says Apple’s App Store breaks competition rules after ... by codys on Friday April 30, 2021 @10:23AM (#26993843)
This assertion ignores that apple makes a profit off the 30% cut. In other words: it doesn't correspond to a real cost to Apple.
Re:EU says Apple’s App Store breaks competition rules after ... by moffatman on Friday April 30, 2021 @11:22AM (#26994605)
It's known that music licensing costs are about 50% of gross subscription prices. So a subscription to spotify is about 50% to rightsholders, 30% to apple, and 20% to spotify as their profit. A subscription to Apple music is 50% to rightsholders, and 50% to apple. The additional profit Apple makes from converting a Spotify customer is only 20% (50%-30%), the same profit that any other competitor to Spotify (such as Tidal) would make on a conversion. Now, Apple could afford to lower their subscription costs to below Spotify's, selling below "cost" at say 75% rate. So they are still "making money" per subscription, but at a price which is unsustainable to Spotify, which seems at first glance unfair and is what I think the comment chain is picturing. But what's happening here is that Apple as a whole is actually making less money on an Apple Music customer (25% margin) than a Spotify customer (30% margin), so it's not profitable or a good business decision versus the alternative. And we don't see apple doing that, at least where I live both subscriptions are the same price. It only works if you are able to drive Spotify out of business, then jack up the prices, but that anticompetitive opportunity to "dump" is possible for Apple in essentially any market due to their vast vast cash reserves.

In my view the potentially anti-trust advantages Apple has over Spotify mainly come from the fact Apple Music is preinstalled and is promoted to iOS users through push notifications.

Re:EU says Apple’s App Store breaks competition rules after ... by sixstringtheory on Friday April 30, 2021 @01:58PM (#26996950)
Disagree. If Apple only had their Music app, they wouldn’t have to maintain the whole ecosystem that comes along with the app store that allows Spotify to exist as an iOS app. Maintaining that system is where the 30% goes. Would anyone then say Apple had an unfair advantage as to who could have a streaming platform on iOS?

Spotify would be free then and are now to make a web based player like youtube or soundcloud.

Re:EU says Apple’s App Store breaks competition rules after ... by fastball on Friday April 30, 2021 @03:11PM (#26997926)
Strange how Spotify managed to create and distribute their app entirely without Apple's "help" on macOS, but would somehow be incapable of doing the same on iOS.
Re:EU says Apple’s App Store breaks competition rules after ... by pyrale on Friday April 30, 2021 @05:56PM (#26999892)
> Maintaining that system is where the 30% goes.

Let's be honest here, the 30% spent by Europeans is mostly going to anonymous bank accounts in Jersey.

Re:EU says Apple’s App Store breaks competition rules after ... by spywaregorilla on Friday April 30, 2021 @01:57PM (#26996934)
What if spotify can get 1 customer at $1, but apple can get 2 customers at $0.7, to get $1.4.

Alternatively, if for some reason there's just a single lump of music streaming revenue to be earned, maybe it's still shitty if Apple steals spotify's business but breaks even on the opportunity cost.

Re:EU says Apple’s App Store breaks competition rules after ... by mrep on Friday April 30, 2021 @08:36AM (#26992596)
With that accounting methodology, between the 30% apple store cut and the 70% music publishers cut, Apple music is left with no revenue whatsoever to fund their service, therefore running it at a 100% loss and thus price dumping which is also illegal.
Re:EU says Apple’s App Store breaks competition rules after ... by jgwil2 on Friday April 30, 2021 @09:25AM (#26993140)
I think dumping is only illegal in the context of international trade. Not sure of the nuances but operating at a loss certainly isn't illegal in most contexts.
Re:EU says Apple’s App Store breaks competition rules after ... by matkoniecz on Friday April 30, 2021 @10:26AM (#26993885)
Not entirely sure about legality within country, but anyway Spotify is a Swedish company ( https://en.wikipedia.org/wiki/Spotify ) .

So it is international already.

Re:EU says Apple’s App Store breaks competition rules after ... by pydry on Friday April 30, 2021 @10:28AM (#26993910)
It is technically illegal but thanks to a lack of appetite from antitrust prosecutors to do... well, anything very much combined with a high barrier of proof it's essentially allowed.
Re:EU says Apple’s App Store breaks competition rules after ... by laurent92 on Friday April 30, 2021 @08:59AM (#26992812)
But this is an excellent accounting methodology then: Each sub-business should run as a separate business.

It picks my interest: Companies internally run as communist economies, all resources are merged and shared, employees are not individually associated with a revenue because the group is worth more than its sum, on the outer, liberal economy. At what size / on which criteria should a group inside a company be considered an independent product-and-loss entity, in order to avoid supercorporations to make use of monopolistic behaviors? Should a 100-billion-dollars marketing operation inside Apple be allowed to function at a loss if it pumps interest in all of Apple’s other products? Can Apple Music be disguised as a marketing operation instead of as an independent entity?

Re:EU says Apple’s App Store breaks competition rules after ... by kypro on Friday April 30, 2021 @09:22AM (#26993091)
Whenever a company of significant size branches into another market where it has some unfair advantage thanks to it's dominance other industry it should come under scrutiny.

The reason products like Alexa and the Fire tablet have been so successful for Amazon is basically because they have been able to promote them for free on the worlds largest marketplace and then sell them at a loss offset by the profits generate from other segments of their business like ecommerce and AWS. I've been so underwhelmed by every Amazon product I've ever brought I'm 100% convinced their success in hardware has been almost entirely due to their cannibalistic business practises than their ability to make solid hardware that people want to buy.

This means in basically any market Amazon enters they don't need to make the best product, they just need to undercut and promote their products enough to kill off the competition. Google and Apple can also run this strategy very effectively with Google Search promoting Google products and Apple's hardware/appstore ecosystem promoting then locking users into their own hardware and software.

Re:EU says Apple’s App Store breaks competition rules after ... by phlo on Friday April 30, 2021 @09:24AM (#26993117)
Since you mentioned that this piques your interest: There is an body of research and literature about this topic. The Theory of the Firm [0] is a good starting point.

[0] https://en.wikipedia.org/wiki/Theory_of_the_firm

Re:EU says Apple’s App Store breaks competition rules after ... by Cthulhu_ on Friday April 30, 2021 @08:22AM (#26992476)
In theory and superficially that makes sense, but they are the same company so it wouldn't make a difference in the end. It's not like Spotify can pay itself that 30%.
Re:EU says Apple’s App Store breaks competition rules after ... by villasv on Friday April 30, 2021 @08:58AM (#26992794)
> it wouldn't make a difference in the end

Yes it would.

Re:EU says Apple’s App Store breaks competition rules after ... by falcor84 on Friday April 30, 2021 @08:26AM (#26992513)
I think the problem is with 'internally'. As I understand it, the antitrust regulations could force Apple to spin Apple Music out.
Re:EU says Apple’s App Store breaks competition rules after ... by slver on Friday April 30, 2021 @08:42AM (#26992658)
Let's take a step and ponder wouldn't you find it bizarre to have this sequence of events:

1. Apple creates iPod, and iTunes serves as its music store.

2. Apple creates iPhone, which has an iPod app.

3. Apple introduces App Store so other apps can be used on the iPhone.

4. iPod (Apple Music) competitors emerge.

5. EU says "that's it, Apple can't have iPod anymore on the phone unless iPod (Apple Music) becomes a separate company".

No one (successfully) sued Apple for anti-competitive practices on iPod. Ergo if the iPhone never had an App Store, they'd be allowed to have 100% of the revenue of iTunes, and ban competitors out completely.

By opening the iPhone platform to third parties, EU sees them as another type of entity completely. In effect the EU penalizes the creation of market places, because once you're market place, you lose control over your own products to the government.

Re:EU says Apple’s App Store breaks competition rules after ... by ClumsyPilot on Friday April 30, 2021 @08:56AM (#26992772)
Apple didn't invent music players, nor appstores, nor smartphones, nor digital music or music streaming. The entire argument is a red herring.

But even if we take this absurd argument at face value, it's still wrong: third party applications add value to iPhone and make them worth bying. If you could not install games, bank app, etc. On an iphone, iPhones would be useless and noone would buy them in the face of competition. The whole reason Windoes Phone died is that there were no apps. iPhone would simply follow

Re:EU says Apple’s App Store breaks competition rules after ... by cafed00d on Friday April 30, 2021 @10:16AM (#26993760)
Third party apps have been dominant on PCs and Macs on the open web for a decade prior to the iPhone. Third party apps such as FB.Connor even Spotify.com still run on the iPhone built on HTML5. Of course, I will concede that the desktop publishing industry and the banking, finance, spreadsheet industries benefited from native computer apps in the decades prior to that.

Counter to the narrative of Windows phone’s failure, why were BlackBerry and Nokia successful despite not having third party apps at the scale iPhone does?

Third party apps add value to the iPhone — you’re right. They can also add confusion, adware, and bundleware if allowed to reign free; a curated, expensive gatekeeper is the cheap way to keep the crappy third party apps out; not a foolproof way, just a cheap way.

Re:EU says Apple’s App Store breaks competition rules after ... by ThrowawayR2 on Friday April 30, 2021 @02:40PM (#26997526)
> "why were BlackBerry and Nokia successful despite not having third party apps at the scale iPhone does?"

They were in the process of dying around the same time as Windows Phone was and all for the same reason: the iOS/Android duopoly.

Re:EU says Apple’s App Store breaks competition rules after ... by realusername on Friday April 30, 2021 @08:49AM (#26992704)
> No one (successfully) sued Apple for anti-competitive practices on iPod

Because they never had the market share and power in the music market that they have now on the mobile market that's why. You kind of answered why they are getting sued now yourself.

Re:EU says Apple’s App Store breaks competition rules after ... by slver on Friday April 30, 2021 @08:59AM (#26992806)
You're in effect saying "no, EU didn't sue iPhone because it added an App Store to iPhone, it sued iPhone because it was successful".

Is that better? Become successful, get sued? Android has 87% market share, iOS has 13%. That's not even a monopoly.

Of course we can define arbitrary categories like "Apple has monopoly on the iOS market". Which makes the concept of monopoly absolutely nonsensical, because then everyone has a monopoly. I have a monopoly on the slver username on HN, so I guess EU might sue me any moment now.

Also, let's recall EU suing Microsoft and forcing them to offer Windows without a media player. So what did this result in? It resulted in lots of nephews children and grandchildren having to visit their relatives and help them install Windows Media Player. I'm from EU and I want to like all their decisions, I'm team EU. But they're complete idiots sometimes when dealing with tech.

Re:EU says Apple’s App Store breaks competition rules after ... by realusername on Friday April 30, 2021 @09:03AM (#26992864)
What a moot argument, there's absolutely zero competition in the mobile market. The living proof of that is that the only tariff changes Apple ever made in their whole mobile history was because ... of a real threat of an anti-trust lawsuit. They basically admitting the fact themselves, you can't even make this up.

Yes it's a duopoly and yes they are both abusing their market power. It got so bad that you have to get testimonials of mobile developers anonymously against those two companies because they are fearing retaliation against them (yes that does sound like a mafia).

Re:EU says Apple’s App Store breaks competition rules after ... by heavyset_go on Friday April 30, 2021 @05:19PM (#26999494)
> The living proof of that is that the only tariff changes Apple ever made in their whole mobile history was because ... of a real threat of an anti-trust lawsuit.

Not only that, this change highlighted the App Store and Play Store cartel[1] that engages in price fixing[2]. Google also dropped their prices to match Apple's, but not any more or less.

Instead of mobile app distribution prices being dictated by the free market, they're dictated by the cartel. Prices have only changed once in a decade, and not in response to the market at all, but by the whims of the app store cartel.

[1] https://en.wikipedia.org/wiki/Cartel

[2] https://en.wikipedia.org/wiki/Price_fixing

Re:EU says Apple’s App Store breaks competition rules after ... by diffeomorphism on Friday April 30, 2021 @09:16AM (#26993011)
All these laws are not about "monopolies", that is just the wording people commenting use. So, yes the "concept of monopoly" is wrong here, which is why nobody is actually doing that and you are attacking a strawman.
Re:EU says Apple’s App Store breaks competition rules after ... by onwchristian on Friday April 30, 2021 @10:56AM (#26994238)
Note: back in the iPod days, iTunes did serve as a music store for the iPod, but you could buy MP3 files from other providers as well, and transfer them to the iPod via iTunes. This whole process didn't "cost" the provider or user any extra.

Now, it's true that iTunes did get significant traction because of convenience for users of iPods, however there were definitely options for other music distributors. In fact, back in those days, I tended to still buy CDs because they were DRM-free and similarly priced, and I could rip the songs at my selected quality settings to transfer to my iPod.

Re:EU says Apple’s App Store breaks competition rules after ... by timmg on Friday April 30, 2021 @09:54AM (#26993492)
If Apple never had an App Store, then this wouldn't be a problem, true. There would be no "30% cut for almost nothing".

But would people buy as many iPhones if they were restricted to Apple-only services? Some might. I would expect more people would buy into more "open" ecosystems. I could be wrong -- and Apple has every right to shut down their App Store to find out.

Re:EU says Apple’s App Store breaks competition rules after ... by friendzis on Friday April 30, 2021 @08:56AM (#26992774)
> In effect the EU penalizes the creation of market places

Nope. EU only forces you to compete in the marketplace on the same terms regardless of who owns the marketplace or the product.

Re:EU says Apple’s App Store breaks competition rules after ... by stale2002 on Friday April 30, 2021 @01:40PM (#26996689)
> because once you're market place, you lose control over your own products to the government.

This is bog standard anti-trust. Yes, if you become massively successful, in a market, then you are now no longer allowed to do certain things. That is how anti-trust law works.

If you take over a market, or become massively successful, you become a monopoly/duopoly, and have to follow certain laws.

These laws aren't hard to follow though. You just have to allow competitors to use your stuff, and you can't use your market power against them.

Re:EU says Apple’s App Store breaks competition rules after ... by yyyk on Friday April 30, 2021 @11:39AM (#26994865)
>In effect the EU penalizes the creation of market places, because once you're market place, you lose control over your own products to the government.

Operating a marketplace generates billions for Apple, and without the Apple Store I doubt the iPhone would have any value today. This comes with legal duties. Apple can't do whatever with their marketplace, but must compete fairly within it.

Re:EU says Apple’s App Store breaks competition rules after ... by dopidopHN on Friday April 30, 2021 @08:36AM (#26992600)
Oh I’m sure they bill their branch in Ireland for this. In order to make sure to avoid any tax they own us.
Re:EU says Apple’s App Store breaks competition rules after ... by ClumsyPilot on Friday April 30, 2021 @08:47AM (#26992692)
That like how startbucks UK pays it's company in a different country a fee for using it's brand, and therefore has no profits in Uk and pays no tax here

Totally legit

Re:EU says Apple’s App Store breaks competition rules after ... by ectopod on Friday April 30, 2021 @09:43AM (#26993360)
The law says that the fees paid for IP in this way have to be plausible. Franchising is a long-established business model and nobody would run a franchise if the franchise fee ate all the profit. So Starbucks' franchise fees are not plausible. Why doesn't HMRC challenge this? I've no idea.
Re:EU says Apple’s App Store breaks competition rules after ... by konschubert on Friday April 30, 2021 @08:22AM (#26992480)
I am sure they are doing that already. And I don't think that's the law works.
Re:EU says Apple’s App Store breaks competition rules after ... by slver on Friday April 30, 2021 @08:39AM (#26992625)
It's often how law works. For example companies often create subsidiaries in order to limit liability of the parent company.
Re:EU says Apple’s App Store breaks competition rules after ... by konschubert on Friday April 30, 2021 @09:30AM (#26993201)
You have a point.
Re:EU says Apple’s App Store breaks competition rules after ... by onetimemanytime on Friday April 30, 2021 @08:37AM (#26992604)
That's the same as "The cocaine was in my left pocket your honor. See I have nothing in my right pocket :)"