The report by the independent inquiry group, which was set up by the CMA when it opened a market investigation into Apple and Google’s grip on mobile back in November 2022, follows similar preliminary conclusions last fall. But the inquiry group now says it is no longer concerned about some specific choice screen issues it had previously raised.
It said an update by Apple in December making changes to how iOS users can switch their default browser resolved concerns it had had on that platform. While Google provided the inquiry group with “new evidence relating to its use of prompts to encourage users to set Chrome as their default browser on Android” that also resolved its concerns.
At the same time, the inquiry group still took issue with some other screen architecture design choices that they said could be making it harder for users to switch to alternative mobile browsers versus Apple’s Safari and Google’s Chrome native browsers.
Future remedies?
The final report suggests a range of potential remedies (or “appropriate interventions,” as it terms them) for the mobile browser competition concerns, which are set out in full in Appendix D.
Suggested remedies include requiring Apple to allow the use of alternative browser engines and an interoperability requirement that would mandate equivalent access to iOS features for rival browsers, as well as a ban on the Chrome revenue share, among others.
Additionally, how Google displays browser choice screens could be regulated under this approach, including the frequency of default browser pop-ups.
While none of the proposed remedies is being taken forward as part of this CMA market investigation, they could offer a steer of how the regulator might ultimately enforce on Apple and Google’s mobile duopoly.
That’s assuming its Digital Markets Unit’s investigation determines they have so-called Strategic Market Status (SMS), meaning they would fall under the special abuse control regime and could be subject to such bespoke interventions. The SMS investigations on Apple and Google are expected to conclude later this year.
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