I think you're wrong - Apple's behaviour in this instance is clearly an abuse of market power and I fully expect the European Commission to rule in Spotify's favour.
Apple are directly competing with Spotify in the field of streaming music services via Apple Music. Apple's total control of the app store and their substantial share of the smartphone market means that they have a dominant market position within the meaning of Article 102 TFEU. Apple are using that dominant market position to advantage their own streaming service and disadvantage Spotify, for reasons set out at length in the original article. Apple are required under EU competition law to give Apple Music and Spotify an equal playing field, which they clearly aren't doing. Apple might have a partial defence if they allowed sideloading of apps, but they don't.
The obvious precedent is the European Commission's action against Google in 2018. Google were fined €4.34bn for using Android to unfairly advantage their search business. Android has a dominant market position within the mobile OS market - if you're a small mobile device manufacturer, you don't have many reasonable alternatives to using Android. Google didn't allow manufacturers to pre-install the Play Store app unless they also pre-installed Chrome and the Google Search app, which is an abuse of their dominant market position. They used their dominance of the mobile OS business to unfairly advantage their search business, which is blatantly illegal.
I agree. I'm actually surprised it's taken someone this long to launch such an action in Europe, as it seems a fairly open and shut case given the precedent and EU law (especially that the EU holds monopoly behaviour to require the ability to "materially affect market pricing", and not to actually own a given percentage of the market, and actions in non-technology sector with market shares in the 40% are not uncommon).
> Apple's behaviour in this instance is clearly an abuse of market power and I fully expect the European Commission to rule in Spotify's favour.
I'm not contesting that. I'm saying that I don't believe Apple is doing anything wrong. (The law and me may differ on that.)
> Apple [has] a dominant market position
Isn't the test for this substitutability in the event that the dominant force increases price? (This area is a total unknown to me so thanks for taking the time to explain!)
> to advantage their own streaming service and disadvantage Spotify
I think the he-said-she-said of the software updates thing is easily parked (unless you think it forms a substantive part of their complaint), so I will focus on the pricing issue. Again I'm drawing a distinction between the ethics of the situation and the law (although I assume that to some extent, the latter follows the former).
Spotify's P&L will have a bunch of rows in it for the costs associated with acquiring a paid user. Different channels have different costs. For example TV, radio, google/bing/alta vista PPC. Each of those will have a cost per install and some channels and keywords will convert better than others. For example if I look at the analysis frequently cited about iPhone vs. Android users, it's easy to believe that there is a greater propensity to pay money for apps on iOS vs. Android.
If Apple was the only place to get those users, I could understand totally the belief that this is unethical behaviour. But Spotify grew by four million paying subscribers in Q4 of last year, all of whom are evidence that they can grow their business by ~$500m of ARR without the app store.
So for me Apple charging Spotify 30% for their paying subscribers (who came to the App store because of a product and marketplace which Apple created, markets, and curates -- benefits which are at least conceptually worth paying for by app developers, even if some of them quibble the 30%). Is the argument that Spotify should not pay this 30% [but still benefit from all the great things which Apple foots the bill for]? And if Apple wasn't in music streaming, they'd be able to charge Spotify 30% Because that to me seems orthogonal to a common monopolistic argument: they are able to do significant harm to Apple (app store), which is a business unit, and remove all of the acquisition costs they'd ordinarily pay through hany channel.
Would it be acceptable legallyl/ethically if Apple effectively treated app store as an acquisition channel like any other, and the Music business unit paid the 30% to App store?
Apple are directly competing with Spotify in the field of streaming music services via Apple Music. Apple's total control of the app store and their substantial share of the smartphone market means that they have a dominant market position within the meaning of Article 102 TFEU. Apple are using that dominant market position to advantage their own streaming service and disadvantage Spotify, for reasons set out at length in the original article. Apple are required under EU competition law to give Apple Music and Spotify an equal playing field, which they clearly aren't doing. Apple might have a partial defence if they allowed sideloading of apps, but they don't.
The obvious precedent is the European Commission's action against Google in 2018. Google were fined €4.34bn for using Android to unfairly advantage their search business. Android has a dominant market position within the mobile OS market - if you're a small mobile device manufacturer, you don't have many reasonable alternatives to using Android. Google didn't allow manufacturers to pre-install the Play Store app unless they also pre-installed Chrome and the Google Search app, which is an abuse of their dominant market position. They used their dominance of the mobile OS business to unfairly advantage their search business, which is blatantly illegal.
https://en.wikipedia.org/wiki/European_Union_competition_law...
http://europa.eu/rapid/press-release_IP-18-4581_en.htm