Apple’s team of law experts have found a technicality, which might have saved the company from an unwanted investigation.
is looking to stop the UK Competition and Markets Authority's attempts to research mobile browsers and mobile gaming. Naturally, as many of you know, ads in websites and in-app purchases in games is how a lot of revenue is made. The latter certainly brings a pretty penny to Apple’s pockets, as a percentage of each purchase always goes to them.
In other words, if the CMA finds something fishy, then that flow of money might stop, and that’s no good. So Apple’s suits submitted an appeal which makes the pretense that the CMA is not adhering to timing requirements — basically, the required flow of certain legal investigations, as per legal requirement — and therefore the investigation’s launch is not entirely proper.
reports that the CMA released a Market Study Notice, but as per Apple’s appeal, it doesn’t adhere to established requirements, for where the law requires the use of the word “Must”, the Notice itself contained “Shall”. Clever.You see, by means of procedural technicality, “Shall” is too vague. The law expects the usage of the word “Must” when speaking about an obligation, or in other words — about the thing that someone is expected to do.
So, if this entire thing works, the tech giant can potentially escape the investigation. Or at least for a time, until another one, which adheres to the technicalities, is launched. However, it’s more likely that the CMA will continue the investigation on a lower level, which means less freedom to poke at Apple's rotten parts.
But why would Apple want that in the first place? Well, if the CMA does find something, and manages to prove that it's affecting the concept of fair competition in a negative way, that would mean that Apple is doing something wrong. Which, in turn, would mean that they have to sort it out asap.
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