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Apple Pay and iOS App Store under formal antitrust probe in Europe
Apple is under formal investigation by antitrust regulators in European Union — following a number of complaints related to how it operates the iOS App Store and also its payment offering, Apple Pay.
The Commission said today that it has concerns that conditions and restrictions applied by the tech giant may be distorting competition in a number of areas, following a preliminary probe of the issues.
Back in March 2019, European music streaming service Spotify filed an antitrust complaint against Apple — railing very publicly against what it dubbed an “Apple tax”; aka the 30% tariff the tech giant applies on accepting payments in apps on its App Store. Spotify also accused Apple of impeding its business by applying arbitrary rules — such as making it harder to offer its own users discounts.
The Commission confirmed today that it’s looking formally into whether Apple’s rules for app developers on the distribution of apps via the App Store violate EU competition rules. It said the probe focuses on Apple’s mandatory requirement that app developers use its own proprietary in-app purchase system, as well as restrictions applied on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of apps.
As well as the very public complaint from Spotify, the Commission has received a similar complaint from an unnamed e-book/audiobook distributor related to the impact of the App Store rules on competition.
Two specific restrictions imposed by Apple in its agreements with companies that wish to distribute apps to users of Apple devices will be investigated, per the Commission — namely [emphasis its]:
(i) The mandatory use of Apple’s own proprietary in-app purchase system “IAP” for the distribution of paid digital content. Apple charges app developers a 30% commission on all subscription fees through IAP.
(ii) Restrictions on the ability of developers to inform users of alternative purchasing possibilities outside of apps. While Apple allows users to consume content such as music, e-books and audiobooks purchased elsewhere (e.g. on the website of the app developer) also in the app, its rules prevent developers from informing users about such purchasing possibilities, which are usually cheaper.
“Following a preliminary investigation the Commission has concerns that Apple’s restrictions may distort competition for music streaming services on Apple’s devices,” it writes in a press release. “Apple’s competitors have either decided to disable the in-app subscription possibility altogether or have raised their subscription prices in the app and passed on Apple’s fee to consumers.
“In both cases, they were not allowed to inform users about alternative subscription possibilities outside of the app. The IAP obligation also appears to give Apple full control over the relationship with customers of its competitors subscribing in the app, thus dis-intermediating its competitors from important customer data while Apple may obtain valuable data about the activities and offers of its competitors.”
Commenting in a statement, Commission EVP Margrethe Vestager — who heads up competition policy for the bloc — added: “Mobile applications have fundamentally changed the way we access content. Apple sets the rules for the distribution of apps to users of iPhones and iPads. It appears that Apple obtained a ‘gatekeeper’ role when it comes to the distribution of apps and content to users of Apple’s popular devices. We need to ensure that Apple’s rules do not distort competition in markets where Apple is competing with other app developers, for example with its music streaming service Apple Music or with Apple Books. I have therefore decided to take a close look at Apple’s App Store rules and their compliance with EU competition rules.”
Vestager’s reference to a “gatekeeper” role has specific significance as the Commission is currently consulting on updating regulations for digital platforms — including floating the possibility of ex ante regulation for platforms deemed to be gatekeepers vis-a-vis other suppliers. (In parallel, the Commission is consulting on updates to competition law that may allow it to intervene more swiftly in future, in instances where it suspects digital markets have ‘tipped’.)
Spotify welcomed the Commission’s action, writing in a statement:
Today is a good day for consumers, Spotify and other app developers across Europe and around the world. Apple’s anticompetitive behavior has intentionally disadvantaged competitors, created an unlevel playing field, and deprived consumers of meaningful choice for far too long. We welcome the European Commission’s decision to formally investigate Apple, and hope they’ll act with urgency to ensure fair competition on the iOS platform for all participants in the digital economy.
On Apple Pay, the Commission said a formal investigation of how it operates the payment tech will look at the “terms, conditions and other measures” Apple applies for integrating the payment solution in merchant apps and websites on iPhones and iPads; Apple’s limitation of access to the NFC functionality on iPhones for payments in stores; and allegations of “refusals of access to Apple Pay”.
Following a preliminary probe, the Commission said it is concerned Apple’s processes “may distort competition and reduce choice and innovation”.
It also notes that Apple Pay is the only mobile payment solution that is allowed to access NFC technology on iOS devices for making payments in stores.
“The investigation will also focus on alleged restrictions of access to Apple Pay for specific products of rivals on iOS and iPadOS smart mobile devices,” it added.
The Commission said it will carry out the investigations “as a matter of priority”, but there’s no set timeframe for how long this process might take.
EU antitrust investigations have tended to take a number of years from an announcement of a formal probe to a decision being reached. (Although, in an ongoing investigation against Broadcom, Vestager recently dusted off a tool to accelerate regulatory intervention — but as yet there’s no formal ‘statement of objections’ against Apple so it remains to be seen how this case will proceed, and whether regulators may seek to speed up any intervention.)
Reached for comment on the Commission’s announcement of the two antitrust investigations, Apple dubbed the complaints “baseless” — choosing to throw shade on the complainants by claiming these companies are after “a free ride, and don’t want to play by the same rules as everyone else”.
Here’s Apple’s statement on the two investigations in full:
Throughout our history, Apple has created groundbreaking new products and services in some of the most fiercely competitive markets in the world. We follow the law in everything we do and we embrace competition at every stage because we believe it pushes us to deliver even better results.
We developed the App Store with two goals in mind: that it be a safe and trusted place for customers to discover and download apps, and a great business opportunity for entrepreneurs and developers. We’re deeply proud of the countless developers who’ve innovated and found success through our platform. And as we’ve grown together, we’ve continued to deliver innovative new services — like Apple Pay — that provide the very best customer experience while meeting industry-leading standards for privacy and security.
It’s disappointing the European Commission is advancing baseless complaints from a handful of companies who simply want a free ride, and don’t want to play by the same rules as everyone else. We don’t think that’s right — we want to maintain a level playing field where anyone with determination and a great idea can succeed.
At the end of the day, our goal is simple: for our customers to have access to the best app or service of their choice, in a safe and secure environment. We welcome the opportunity to show the European Commission all we’ve done to make that goal a reality.
Apple has had a number of run-ins with EU regulators over the years — including a probe of its acquisition of Shazam (which was later cleared); a major investigation of ebook pricing; and a probe of tax benefits in Ireland which saw it on the hook for $15BN.
French competition regulators also recently fined the tech giant $1.2BN for anti-competitive sales tactics. It’s also been fined $27M by French regulators this year for throttling old iPhones.
This report was updated with comment from Spotify
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The story of why Marc Benioff gifted the AppStore.com domain to Steve Jobs
In Marc Benioff’s book, Trailblazer, he tells the tale of how Steve Jobs planted the seeds of the idea that would become the first enterprise app store, and how Benioff eventually paid Jobs back with the gift of the AppStore.com domain.
While Salesforce did truly help blaze a trail when it launched as an enterprise cloud service in 1999, it took that a step further in 2006 when it became the first SaaS company to distribute related services in an online store.
In an interview last year around Salesforce’s 20th anniversary, company CTO and co-founder Parker Harris told me that the idea for the app store came out of a meeting with Steve Jobs three years before AppExchange would launch. Benioff, Harris and fellow co-founder Dave Moellenhoff took a trip to Cupertino in 2003 to meet with Jobs. At that meeting, the legendary CEO gave the trio some sage advice: to really grow and develop as a company, Salesforce needed to develop a cloud software ecosystem. While that’s something that’s a given for enterprise SaaS companies today, it was new to Benioff and his team in 2003.
As Benioff tells it in his book, he asked Jobs to elucidate on what he meant by an application ecosystem. Jobs replied that how he implemented the idea was up to him. It took some time for that concept to bake, however. Benioff wrote that the notion of an app store eventually came to him as an epiphany at dinner one night a few years after that meeting. He says that he sketched out that original idea on a napkin while sitting in a restaurant:
One evening over dinner in San Francisco, I was struck by an irresistibly simple idea. What if any developer from anywhere in the world could create their own applications for the Salesforce platform? And what if we offered to store these apps in an online directory that allowed any Salesforce user to download them?
Whether it happened like that or not, the app store idea would eventually come to fruition, but it wasn’t originally called the AppExchange, as it is today. Instead, Benioff says he liked the name AppStore.com so much that he had his lawyers register the domain the next day.
When Benioff talked to customers prior to the launch, while they liked the concept, they didn’t like the name he had come up with for his online store. He eventually relented and launched in 2006 with the name AppExchange.com instead. Force.com would follow in 2007, giving programmers a full-fledged development platform to create applications, and then distribute them in AppExchange.
Meanwhile, AppStore.com sat dormant until 2008, when Benioff was invited back to Cupertino for a big announcement around iPhone. As Benioff wrote, “At the climactic moment, [Jobs] said [five] words that nearly floored me: ‘I give you App Store.”
Benioff wrote that he and his executives actually gasped when they heard the name. Somehow, even after all that time had passed since that the original meeting, both companies had settled upon the same name. Except Salesforce had rejected it, leaving an opening for Benioff to give a gift to his mentor. He says that he went backstage after the keynote and signed over the domain to Jobs.
In the end, the idea of the web domain wasn’t even all that important to Jobs in the context of an app store concept. After all, he put the App Store on every phone, and it wouldn’t require a website to download apps. Perhaps that’s why today the domain points to the iTunes store, and launches iTunes (or gives you the option of opening it).
Even the App Store page on Apple.com uses the sub-domain “app-store” today, but it’s still a good story of how a conversation between Jobs and Benioff would eventually have a profound impact on how enterprise software was delivered, and how Benioff was able to give something back to Jobs for that advice.
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App revenue tops $39 billion in first half of 2019, up 15% from first half of last year
App store spending is continuing to grow, although not as quickly as in years past. According to a new report from Sensor Tower, the iOS App Store and Google Play combined brought in $39.7 billion in worldwide app revenue in the first half of 2019 — that’s up 15.4% over the $34.4 billion seen during the first half of last year. However, at that time, the $34.4 billion was a 27.8% increase from 2017’s numbers, then a combined $26.9 billion across both stores.
Apple’s App Store continues to massively outpace Google Play on consumer spending, the report also found.
In the first half of 2019, global consumers spent $25.5 billion on the iOS App Store, up 13.2% year-over-year from the $22.6 billion spent in the first half of 2018. Last year, the growth in consumer spending was 26.8%, for comparison’s sake.
Still, Apple’s estimated $25.5 billion in the first half of 2019 is 80% higher than Google Play’s estimated gross revenue of $14.2 billion — the latter a 19.6% increase from the first half of 2018.
The major factor in the slowing growth is iOS in China, which contributed to the slowdown in total growth. However, Sensor Tower expects to see China returning to positive growth over the next 12 months, we’re told.
To a smaller extent, the downturn could be attributed to changes with one of the top-earning apps across both app stores: Netflix.
Last year, Netflix dropped in-app subscription sign-ups for Android users. Then, at the end of December 2018, it did so for iOS users, too. That doesn’t immediately drop its revenue to zero, of course — it will continue to generate revenue from existing subscribers. But the number will decline, especially as Netflix expands globally without an in-app purchase option, and as lapsed subscribers return to renew online with Netflix directly.
In the first half of 2019, Netflix was the second highest earning non-game app with consumer spending of $339 million, Sensor Tower estimates, down from $459 million in the first half of 2018. (We should point out the firm bases its estimates on a 70/30 split between Netflix and Apple’s App Store that drops to 85/15 after the first year. To account for the mix of old and new subscribers, Sensor Tower factors in a 25% cut. But Daring Fireball’s John Gruber claims Netflix had a special relationship with Apple where it had an 85/15 cut from year one.)
In any event, Netflix’s contribution to the app stores’ revenue is on the decline.
In the first half of last year, Netflix had been the No. 1 non-game app for revenue. This year, that spot went to Tinder, which pulled in an estimated $497 million across the iOS App Store and Google Play, combined. That’s up 32% over the first half of 2018.
But Tinder’s dominance could be a trend that doesn’t last.
According to recent data from eMarketer, dating app audiences have been growing slower than expected, causing the analyst firm to revise its user estimates downward. It now expects that 25.1 million U.S. adults will use a dating app monthly this year, down from its previous forecast of 25.4 million. It also expects that only 21% of U.S. single adults will use a dating app at all in 2019, and that will only grow to 23% by 2023.
That means Tinder’s time at the top could be overrun by newcomers in later months, especially as new streaming services get off the ground (assuming they offer in-app subscriptions); if TikTok starts taking monetization seriously; or if any other large apps from China find global audiences outside of China’s third-party app stores.
For example, Tencent Video grossed $278 million globally in the first half of 2019, outside of the third-party Chinese Android app stores. That made it the third-largest non-game app by revenue. And Chinese video platform iQIYI and YouTube were the No. 4 and No. 5 top-grossing apps, respectively.
Meanwhile, iOS app installs actually declined in the first half of the year, following the first quarter that saw a decline in downloads, Q1 2019, attributed to the downturn in China.
The App Store in the first half of 2019 accounted for 14.8 billion of the total 56.7 billion app installs.
Google Play installs in the first half of the year grew 16.4% to 41.9 billion, or about 2.8 times greater than the iOS volume.
The most downloaded apps in the first half of 2019 were the same as before: WhatsApp, Messenger and Facebook led the top charts. But TikTok inched ahead of Instagram for the No. 4 spot, and it saw its installs grow around 28% to nearly 344 million worldwide.
In terms of mobile gaming specifically, spending was up 11.3% year-over-year in the first half of 2019, reaching $29.6 billion across the iOS App Store and Google Play. Thanks to the fallout of the game licensing freeze in China, App Store revenue growth for games was at $17.6 billion, or 7.8% year-over-year growth. Google Play game spending grew by 16.8% to $12 billion.
The top-grossing games, in order, were Tencent’s Honor of Kings, Fate/Grand Order, Monster Strike, Candy Crush Saga and PUBG Mobile.
Meanwhile, the most downloaded games were Color Bump 3D, Garena Free Fire and PUBG Mobile.
Image credits: Sensor Tower
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Tim Cook wants you to put down your iPhone
Tim Cook thinks people should get off their iPhones and decrease their engagement with apps. The Apple CEO, speaking at the TIME 100 Summit today, was discussing the addictive nature of our mobile devices and Apple’s role in the matter when he made these comments. He said the company hadn’t intended for people to be constantly using their iPhones, and noted he himself has silenced his push notifications in recent months.
“Apple never wanted to maximize user time. We’ve never been about that,” Cook explained.
It’s certainly an interesting claim, given that Apple designed a platform that allowed app developers to constantly ping their users with the most inane notifications — from getting a new follower on a social app to a sale in a shopping app to a new level added to a game and so much more.
The very idea behind the notification platform, opt-in as it may be, is that developers should actively — and in real time — try to capture users’ attention and redirect them back to their apps.
This is not how such an alert mechanism had to be designed.
An app notification platform could have instead been crafted to allow app developers to notify users in batches, at designed intervals within users’ control. For example, users could have specified that every day at noon they’d like to check in on the latest from their apps.
Or, in building out the iOS App Store, Apple could have implemented a “news feed” of sorts — a dedicated channel wherein users could opt to check in on all the latest news from their installed apps.
Or perhaps Apple could have structured a notification platform that would have allowed users to pick between different classes of notifications. Urgent messages — like alerts about a security breach — could have been a top-level tier; while general information could have been sent as a different type of notification. Users could have selected which types of alerts they wanted, depending on how important the app was to them.
These are just a few of many possible iterations. A company like Apple could have easily come up with even more ideas.
But the fact of the matter is that Apple’s notification platform was built with the idea of increasing engagement in mind. It’s disingenuous to say it was not.
At the very least, Apple could admit that it was a different era back then, and didn’t realize the potential damage to our collective psyche that a continually buzzing iPhone would cause. It could point out how it’s now working to fix this problem by putting users back in control, and how it plans to do more in the future.
Instead, it created a situation where users had to turn to the only defense left to them: switching off push notifications entirely. Today, when users install new apps they often say “No” to push notifications. And with Apple’s new tools to control notifications, users are now actively triaging which apps can get in touch.
In fact, that’s what Tim Cook says he did, too.
“If you guys aren’t doing this — if you have an iPhone and you’re not doing it, I would encourage you to really do this — monitor these [push notifications],” the CEO suggested to the audience.
“What it has done for me personally is I’ve gone in and gutted the number of notifications,” Cook said. “Because I asked myself: ‘Do I really need to be getting thousands of notifications a day?’ It’s not something that is adding value to my life, or is making me a better person. And so I went in and chopped that.”
Yep. Even Apple’s CEO is done with all the spam and noise from iPhone apps.
The comment, of course, was supposed to be a veiled reference to the addictive nature of some apps — social media apps in particular, and especially Facebook. Today, Apple throws barbs at Facebook any time it can, now that the company has fallen out of public favor due to its ongoing data privacy violations and constant scandals.
But a more truthful telling of the iPhone’s past would recall that Facebook’s app — and all its many notifications — was originally a big selling point for Apple’s mobile device.
When the App Store first launched in 2008, Facebook proudly sat in the top row in a featured position. It was heavily promoted to users because it was a prime example of the iPhone’s utility: here was this popular social network you could now get to right from your phone. Amazing!
The fact that Facebook — and every other app — later leveraged the iOS push notification platform to better its own business without regard to how that would impact users isn’t entirely app developers’ collective fault. The notification platform itself had left the door wide open for that sort of psychological abuse to occur, simply because of its lack of user-configured, user-friendly controls.
Above: The App Store at launch, via The NYT
A decade after the App Store launched, Apple finally started to dial back on the free-for-all on user attention.
It announced its suite of digital wellness tools at WWDC 2018, which included Screen Time (a dashboard for tracking and limiting usage); increased parental controls; and finally a way to silence the barrage of notifications, without having to dig around in iOS Settings.
Now Tim Cook wants to have us believe that Apple had never wanted to cause any of this addiction and distraction — despite having created the very platform that made it all possible in the first place, which in turn, helped sell devices.
Isn’t it telling that the exec has had to silence his own iPhone using these new tools? Isn’t that something of an admission of culpability here?
“Every time you pick up your phone, it means you’re taking your eyes off whoever you’re dealing with, are talking with, right?,” Cook continued. “And if you’re looking at your phone more than you’re looking at somebody else’s eyes, you’re doing the wrong thing,” he said. “We want to educate people on what they’re doing. This thing will improve through time, just like everything else that we do. We’ll innovate there as we do in other areas.”
“But basically, we don’t want people using their phones all the time. This has never been an objective for us,” said Cook.
Except, of course, for those 10 years when it was.
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The World Cup led to a record-breaking number of app downloads and consumer spend in Q2
The second quarter of 2018 was another record-breaker for mobile app downloads and revenue. According to a new report this week from App Annie, there were over 28.4 billion app downloads worldwide across both iOS and Google Play in the quarter, up 15 percent year-over-year. That number is even more remarkable because it doesn’t include reinstalls or updates – only new app downloads. In addition, consumer spending in apps was up 20 percent year-over-year to reach $18.5 billion across iOS and Google Play combined.
This is the most money spent in apps compared with any other quarter before, the report notes, topping the prior quarter’s record-breaking $18.4 billion in app revenue, and 27.5 billion downloads.
Much of the download activity in Q2 came from Google Play.
On its app marketplace alone, global downloads topped 20 billion, up 20 percent year-over-year and widening the gap between itself and iOS by 25 percent points to 160 percent. (See below).
This massive download growth is attributable largely to India, says App Annie .
The country was the biggest driver of download growth year-over-year in both absolute values and growth in market share. Indonesia also played a big role in Google Play downloads.
Meanwhile, the U.S., Russia and Saudi Arabia saw the largest growth in iOS downloads.
In particular, Google Play app downloads included growth in categories like games, video players and editors, and – not surprisingly, given the World Cup – sports applications. And on iOS, Sports apps were also the largest driver of global iOS downloads, followed by Finance and Travel apps.
The impact on the 2018 FIFA World Cup on sports app downloads was also highlighted last month by Sensor Tower, whose own analysis found that new installs of the five leading live TV on demand apps offering channels with the World Cup grew 77 percent during the first week of World Cup coverage, compared with the three preceding weeks (excluding the NBA Finals period).
Sports streaming service fuboTV saw the largest impact, growing at a whopping 713 percent and adding 309K new users in the U.S., while Hulu saw the smallest impact at 18 percent growth. 
Single network apps grew, too, this earlier report said. FOX Sports downloads increased by 95x for the same period, while Telemundo Deportes En Vivo grew 444x, for example.
App Annie added that the top 3 sports apps in Android in the U.S. during the first three weeks of the tournament were Telemundo Deportes (#1), FOX Sports GO (#2), and FOX Sports (#3), in terms of average megabytes per user – an indication of users’ live-streaming activity. The apps were also new entrants to the top 10 list of apps by total time spent, compared with the three weeks directly prior.
In the U.K., over 6 million hours were spent in the top 10 sports apps on Android during the first 3 weeks of the World Cup, up 65 percent from the 3 weeks prior.
The World Cup also had an impact on consumer spending in apps in the quarter.
Sports apps on iOS were the third largest contributors to absolute growth in consumer spend and in market share in Q2, while Entertainment and Productivity apps were numbers one and two, respectively. In-app subscriptions for both Sports and Entertainment apps drove the consumer spending increases.
On Google Play, Games, Social, and Music & Audio apps saw the largest download growth, quarter-over-quarter.
However, despite the downloads and consumer spending in sports and TV apps, the charts of the top 10 apps by worldwide downloads and consumer spending look a lot like they usually do – with Facebook apps dominating the top 10 by downloads (Messenger, Facebook, WhatsApp and Instagram were the top 4).
And the top 10 apps by spending were still largely those subscription-based entertainment services like Netflix, Tencent Video, iQIYI, Pandora, Youku, and YouTube.
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Google Play hit record 19 billion+ downloads in Q4 2017, its highest quarter ever
Smartphone adoption in emerging markets just delivered the highest number of app downloads Google Play has ever seen in a quarter. According to today’s report from App Annie, Google Play app downloads topped 19 billion in Q4 2017, a new record. That also makes Google Play’s download lead over iOS its largest ever, at 145 percent. Specifically, the downloads were driven by… Read More
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Apple’s ‘App of the Day’ featuring boosts downloads by 1747%, games by 792%
New research from Apptopia, out today, takes a look at the impact getting featured as the App or Game of the Day on the new iOS App Store has on app downloads. This data is still fairly early, as the revamped App Store only arrived publicly with iOS 11’s release in September. Not surprisingly, the report finds that snagging one of these featured spots can lead to a big boost in app… Read More
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Six months in, iMessage App Store growth slows as developers lose interest
When the iMessage App Store first launched, it was touted as the next big platform for apps – a new way for developers to gain users and make money, and was followed by an initial surge of iMessage app downloads. Now, however, the excitement is fading as is the app store’s growth. During the first few months after its debut, the iMessage App Store was seeing growth of over 100… Read More
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Apple will finally let developers respond to App Store reviews
Apple is finally going to give its developers a way to respond to customer reviews on its App Store and Mac App Store – a feature that’s long been available to Android developers on Google Play, much to the chagrin of the Apple developer community. According to developer documentation for the iOS 10.3 beta, when this version of Apple’s mobile operating ships,… Read More
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Apple’s big App Store purge is now underway
Earlier this year, Apple promised it would clean up its iOS App Store by removing outdated, abandoned apps, including those that no longer meet current guidelines or don’t function as intended. That great App Store purge now appears to be underway, according to new data from app intelligence firm Sensor Tower. The company found that app removals increased by 238 percent in October… Read More
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