The UK’s Competition and Markets Authority (CMA) has “provisionally concluded” that Apple’s restrictive mobile browser policies limit innovation. After an independent inquiry group shared its findings on browser competition on iOS and Android, the governing body’s board plans to conduct an in-depth assessment of how Apple and Google constrict third-party browsers on their platforms. However, Apple — with its more closed ecosystem — appears to have borne the brunt of the CMA’s concern.
The CMA’s investigation is based on the premise that Apple and Google have an effective duopoly on mobile platforms, allowing them to set the rules of how mobile browsers work. The board says third-party browser developers have complained that they’re constricted by rules like Apple’s requirement to use the company’s WebKit browser engine.
“The group has provisionally found that Apple’s rules restrict other competitors from being able to deliver new, innovative features that could benefit consumers,” the CMA wrote. “Other browser providers have highlighted concerns that they have been unable to offer a full range of browser features, such as faster webpage loading on iPhone.”
The Digital Markets, Competition and Consumers Act (DMCC), which passed earlier this year, will give the UK body extra ammunition to carry out its next steps. The UK’s equivalent of the EU’s Digital Markets Act (DMA) can designate big tech companies as having “Strategic Market Status” with “substantial and entrenched market power” and “a position of strategic significance.”
Much like the EU’s version, the law gives the UK some teeth to negotiate and force concessions from Big Tech behemoths that, at least in the US, often seem untouchable: The DMCC will empower the UK board to fine infringing companies up to 10 percent of their global revenue.
The CMA’s summary of Apple’s hearing reveals the iPhone maker argued that it restricts browser engines to “ensure users get the best security, privacy, and performance on iOS devices” — a familiar argument to those who’ve followed Apple’s previous competition trials. Apple claimed healthy competition exists, due to the presence of third-party browsers with features like ad-blocking, VPNs and AI. The company also said it routinely considers developer feedback and hadn’t heard any fuss over its current browser rules.
Contradicting that, the CMA said other browser providers have highlighted features they can’t implement on iOS, like faster webpage loading. “Many smaller UK app developers also told us that they would like to use progressive web apps — an alternative way for businesses to provide apps to mobile users without downloading apps through an app store — but this technology is not able to fully take off on iOS devices,” the board wrote.
The CMA also said that how browser choices are presented to users lets Apple and Google “manipulate these choices to make their own browsers the clearest or easiest option.” In addition, it pointed out a revenue-sharing agreement between the two companies that “significantly reduces their financial incentives to compete in mobile browsers on iOS.”
The board’s next step is a period of open comments on its findings, which will end on December 13. After its investigation, the CMA expects to make its final ruling in March 2025.
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