The UK’s competition authority has essentially mandated that Apple must foster free and open competition among iPhone web browsers, although Safari must not outperform its rivals.
Update: The final report has been published, reaffirming the CMA’s position.
In its response, Apple expressed that providing developers access to new features in WebKit “would result in free-riding” by those creating rival browsers…
Summary of Events
The situation began in the EU when an investigation revealed that Apple was violating competition laws by compelling developers of competing web browsers to utilize WebKit. This restriction prevented them from maximizing their code efficiency and offering features unsupported by Safari. Effectively, alternative browsers were merely re-skinned versions of the same underlying code.
In response, Apple permitted third-party browsers to adopt their own web engines and provided users with the option to select a default web browser during the phone setup process.
The UK’s Competition and Markets Authority (CMA) initiated an investigation and provisionally reached similar conclusions late last year.
Furthermore, it stated that when Apple introduces new features for its own web engine, WebKit, those features must also be accessible to other developers.
Apple’s Reaction to the UK Regulatory Body
Apple claimed it could not afford to grant new web browsing features to other developers for free, as this would impede its innovation capabilities. According to a report from Reuters, this was part of Apple’s submission to the CMA.
Apple contended it would “not be appropriate” to require that access to future WebKit or iOS features utilized by Safari be offered at no cost, emphasizing that feature development is a time-consuming and resource-intensive endeavor.
“Apple cannot recover a fair portion of those costs… doing so would negatively affect Apple’s motivation to innovate and result in free-riding and a lack of investment from third parties.”
DMN’s Perspective
Apple’s assertion that it cannot maintain innovation under these conditions seems somewhat exaggerated. However, the company does raise a valid point. Initially, Apple compelled developers to utilize WebKit, arguing it was essential for platform safety, while competition regulators suggested it was to prevent competing browsers from surpassing Safari.
Now that Apple allows developers to create their own browsing engines, fostering true competition for the first time, it faces demands to share its browser enhancements with its rivals.
The UK’s CMA appears to want a balanced scenario—authentic competition among browsers while simultaneously ensuring Apple does not come out on top.
Photo by Joan Gamell on Unsplash
