British antitrust regulator wins appeal to investigate Apple

The London Court of Appeal ruled Thursday that Britain’s antitrust regulator can investigate Apple’s mobile browser and cloud gaming services, overturning a lower court decision that the agency said could undermine its power to put investigations underway.

The Competition and Markets Authority (CMA) last year opened an exhaustive investigation into Apple’s dominance and Googlefrom Alphabet Inc., in mobile browsers.

Apple alleged that the CMA “I had no power” to initiate such an investigation because it did so too late and that the investigation should have been opened in June, at the same time that the CMA published a report on mobile ecosystems, which concluded that Apple and Google had a “effective duopoly”.

The Competition Appeal Tribunal (CAT) ruled in favor of Apple in March, but the Court of Appeal on Thursday upheld the CMA’s appeal.

Judge Nicholas Green stated in a written ruling that the CAT had “lost sight“the role of the CMA”promote competition and protect consumers”.

He also said that there would be “serious consequences” for the CMA whether the CAT’s interpretation of the competition regulator’s powers was correct.

“It would mean that the CMA would have no jurisdiction, even a few years later, to investigate concerns about the behavior of a company like Apple or Google, even if such concerns were objectively justified.”Green said.

Sarah Cardell, chief executive of the CMA, welcomed the decision which, in her opinion, “gives the CMA the support it needs to protect consumers and promote competition in the UK”.

Cardell stated that the CMA is willing to reopen the investigation “when the legal process concludes”.

Apple, which did not immediately respond to a request for comment, has the right to request permission to appeal the decision.

The CMA said its investigation is on hold pending any application for permission to appeal to the Supreme Court.