Comment by Arkanum
2 years ago
Isn't part of the problem how US anti-monopoly law is worded requiring proof of "consumer harm" which is normally measured in increased costs? In the case of Apple's monopoly, its not clear how you would measure that let alone prove it to a court.
US anti-monopoly law is worded requiring proof of "consumer harm" which is normally measured in increased costs?
This is more a matter of interpretation, policy and practice rather than statute and these things can change over time. The interpretation you're describing was itself an innovation at one time.
Consumer harm is pretty easy to argue, Apple doesn't tax macos programs but it does tax ios programs. That argument results in billions of dollars of consumer harm. There are many arguments against that view as well, but I just wanted to show that it is easy to argue for consumer harm.
I don't think that's enough though is it? To my mind the strong counter argument is that consumers are choosing to pay higher prices for "higher quality" (i know that often not the case with the scams on the app store) apps and if they want cheaper apps they are free to switch to android.
IANAL but that has been the modern interpretation whereas in the past that wasn't the case. Standard Oil was good for the consumer for example.
“Your honor, my family has to suffer the Green Bubble when chatting with iPhone friends. This has caused us irreparable mental harm and anguish”.
Here is a recent example of consumer harm posted to HN: https://news.ycombinator.com/item?id=39773736
> I am curious though, why is the iOS version €4.99 but the Android version is free ? I've seen this a lot actually and have always wondered, I figured it might just be Apple's annual developer license fee but not sure.
Apple users are being forced to pay more for equivalent software because of Apple's tax.
Oh 100% I agree. My question/point is about how the US system treats monopolistic practices, and I worry that actually that example works in Apple's favour as they would likely argue that consumers are free to switch to android if they want cheaper apps.
If apple were to pay for the android replacement phone & perform the transfer of personal data to the new device then that might be a valid argument. As it is they do their best to lock users in to prevent them from ever switching.