Per: https://www.comcourts.gov.au/file/Federal/P/NSD1236/2020/act...
Man, it just doesn’t work outside GIF form, but the point is the same. Anyone with two brain cells could understand how vertical monopolies are still monopolies, and the walled gardens created by Big Tech are just company towns customers pay into and can’t leave without enormous disruption. All of that came through rubber-stamped M&As that depleted the market of competition and, now that ZIRP is over and AI is riding high, depleted the market of well-paying jobs in the process.
Competition is efficient, in that it creates more jobs and more opportunities for money to flow between customers and businesses. When your goal is to have all the money, though, competition is bad and must be destroyed.
At least with tech we can force change through code instead of armed law enforcement like monopolies of old.
There is absolutely no reason sufficiently large companies can't handle their own payment infrastructure. You should be able to subscribe to Netflix, Hulu or Disney+ without paying the Apple Tax.
A 30% cut is somewhat defensible for small companies that have no payments infrastructure or simply don't want to manage that. There are all sorts of compliance issues. There's something to be said for a seamless user experience.
But 30% for a large company becomes a huge incentive for large companies to attack you in the courts (as Epic did or prodding Attorneys-General to file suit) or by lobbying governments.
I've consistently said that courts and/or governments will end up dismantling the app store monopolies because of the payment monopoly and it'll be far, far better for Apple and Google in the long term if that happens on their terms, not the terms set by courts and governments.
Qualify certain providers to handle their own payments and take 0-5% to pay for things like malware scanning, distribution, etc and you've addressed the strongest monopoly argument (ie payments) and reduced the financial incentive for competitors to attack you.
Attacking you could even risk your qualified payments partner status and you could lose that privileged position. It's such an easy win.
Amazing. You can install third-party app stores on Android, just not via Google's own Play Store. Meanwhile, in iOS you can't even install third party browsers. Let alone third-party app stores. Or any apps outside Apple's App Store.
The iOS case is far more egregious. It seems the US courts are heavily biased in favor of Apple.
2000 pages! I can see why the case took something like 5 years.
It sounds like a mixed ruling so Epic didn't get everything they wanted here, but if they're able to launch the Epic Games Store on iOS in Australia that's a pretty big win by itself.
> There is absolutely no reason sufficiently large companies can't handle their own payment infrastructure. You should be able to subscribe to Netflix, Hulu or Disney+ without paying the Apple Tax.
Apple wasn't a monopoly because they didn't share their platform with anyone
The judge in the Google case said that Android couldn't be compared to iOS because iOS is only available to Apple products.
So while I can kind of squint and see this, the obvious signal the court is sending is
"If you don't want to be monopolistic, don't open your platform to anyone".
I don't agree with the outcome, but that's the twist of logic that allows the more open ecosystem to be the one being attacked as a monopoly.
The implied corruption is likely not from these other countries that start making these cases now, but is a persistent feature of US governance.
Apple did malicious compliance and only technically complied with the requirements in a specifically geo-restricted area (the EU) without allowing anyone else to benefit. (Although I think it was later ruled that they didn't actually manage to comply thanks to all the malice.)
You should probably be thinking that the only places they can be won is outside the US.
From the point of defence of the dictionary definition, Android is huge in Australia, and outside the US generally.
Lina Khan's FTC brought cases again Microsoft, Meta, Amazon, Mastercard, and more. They also prevented mergers (consolidations) in a lot of different industries. Could they have accomplished more? Certainly, but they did certainly did display a willingness to bring antitrust cases.
Australia is also in the process of regulating platforms and I'd expect it to end up a little closer to Europe/Japan in the next couple of years anyway. They will watch to see what loopholes Apple/Google exploit and try to deal with that in the regulations upfront.
Important context for anyone not aware is that Australia is one of the few countries that US runs a large trade surplus with.
Especially with the rise and seeming power of BRICS there is surely a sense that the pressure is a bit off from the USA, America will be unwilling to add on to pressure against Australia that is close to core BRICS, etc.
Do not discount the rising awareness of the real weakness the “American” empire finds itself in suddenly.
Which is even stranger because Samsung, by far the largest Android phone distributor, ships their phones with the galaxy app store on them.
Nintendo's various platforms, Microsoft's XBox, and Sony's PlayStation have been perfectly legal walled gardens for decades.
However, claiming to introduce an open platform and then using anticompetitive means to retain control of that "open" platform is plainly illegal under existing law, as Google found with Android and Microsoft found with Windows.
- DOJ antitrust case going to trial soon: https://en.wikipedia.org/wiki/United_States_v._Apple_(2024)
- 2021 Epic injunction that Apple defied followed by 2025 Epic injunction that recently forced Apple to allow links to competing payment options: https://www.theregister.com/2025/05/01/apple_epic_lies_possi...
- Open Markets Act from 2020 has some new life: https://appleinsider.com/articles/25/06/25/bipartisan-open-a...
- App Store Freedom Act from 2025: https://www.congress.gov/bill/119th-congress/house-bill/3209...
- 2011 class action on excessive fees going to trial next year: https://www.courtlistener.com/docket/4178894/in-re-apple-iph...
- 2025 class action on excessive fees: https://www.courtlistener.com/docket/70356851/korean-publish...
- 2025 class action for monopolizing app distribution: https://fingfx.thomsonreuters.com/gfx/legaldocs/gkvlagedmpb/...
- 2025 class action for doing a shit job of monopolizing app distribution: https://www.courtlistener.com/docket/70526762/shin-v-apple-i...
Unless customers are coerced or misled, or returns/refunds are difficult, I don't see the need for government intervention. Apple's software restrictions hurt the iPhone's market share. The same goes for charging high fees for app purchases. Customers and developers can (and often do) choose other devices for being less restrictive about what software can be run on them. If an informed adult chooses a locked down platform because they prioritize other features, why should the government stop them?
I can see an argument for requiring labeling (similar to warnings on cigarettes), but a total ban seems like overreach.
I'm not sure the system will ever catch up this way.
Plus, if a regular citizen without deep pockets breaks the law, somehow it never takes years and thousands of pages to convict them. I can easily believe it's not about the complexities of the case, but the depth of the pockets.
If it really was "just a complex situation", you would expect equal percentages of simple and complicated cases for regular joes and huge corporations, no?
Same for religious philosophies.
Obviously not. Regular joes almost always have relatively simple situations relative to multinational corporations, otherwise they wouldn't be regular joes.
They can't just go and eliminate a giant revenue stream because it would be morally right to do so. They need a court or a law to force them to do it, otherwise the board will be removed from their position for people who will maintain that revenue stream.
unfortunately a lot of these things are on an election cycle.
> Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal.
> Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, ...
It was passed in the era of robber barons and meant to be a strong hammer against anti-competitive practices. But because it was so broad, the courts kept chipping away at it over time through reinterpretation because by its terms it would prohibit a lot of things the courts didn't really want to get involved in policing, or they just made bad calls in years when the Court's majority wasn't that smart.
Meanwhile monopolists generally have a lot of money to pay expensive lawyers, so they structure their activities to fit within the loopholes the courts have carved out over the years and that makes it hard for an administration to hold them to account even when they have the will to do it.
Hyper-partisanship also makes this worse, because if everyone is convinced the other side is pure evil then they're going to try to undo anything the other party was trying to do without even considering what it is, which isn't compatible with long-term prosecutions that would have to span administrations.
See Boeing which got pardoned recently as another example.
While not perfect, the justice system seems usually more neutral in most EU countries.
Well no, there's only two operating system with very similar policies and pricing. If there's any competition there, it's not obvious where.
The only pricing change ever made was made as a reaction of an antitrust lawsuit... Just that fact alone should be enough to raise some eyebrows.
1 - Regardless of what you think of tariffs, his base largely considers them wins.
https://www.washingtonpost.com/wp-apps/imrs.php?src=https%3A...
They explicitly made the claim that Android was open on many occasions.
Remember when a major Android selling point was that Android was "open source" before they started moving all the updated versions of the developer APIs into the Play Store?
https://medium.com/@coopossum/how-open-source-is-android-8d1...
1. https://www.counterpointresearch.com/insight/post-insight-re...
Trump collects wins for himself and his base flip-flops along with him and his every whim.
It's not about smart or not, he doesn't care beyond what he can get from it. He doesn't care about any retaliations and he knows he has his base eating outta the palm of his hand. Smart doesn't play into any of it, it's not needed. The Project state takes care of the smarts part of the administration
https://edition.cnn.com/2020/10/06/tech/congress-big-tech-an...
I don't like the way this is phrased because it nearly implies that doing this is an advantage to the US population.
"Preventing foreign dominance in tech" is plausibly a legitimate goal. Preventing a foreign tech monopoly is a good thing. But the assumption that this can only be achieved by a domestic one is the fallacy. A domestic monopoly is still a disadvantage compared to a competitive market with a multitude of domestic companies.
Unless you're an authoritarian that wants to leverage the monopoly for the purposes of e.g. censorship. But then you're an enemy whose goal is to harm even the domestic population.
It's as if they have some insider knowledge or something, and also a lot of skin in the game to protect these monopolies.
If you're talking about policies and pricing for developers, then why not apply that argument to app stores owned by Sony, Microsoft, & Nintendo? Those are much more restrictive than anything in the smartphone world. Heck, even Steam takes a 30% cut.
It’s objectively not despite what you claim.
Apple never promised you an alternative, you got exactly what you paid for. Google promised you an alternative and while you weren’t looking tried to strangle it in its crib.
You need to look past your fan bias.
Several states joined the suit so things very well may continue but the stench of corruption is pretty thick on everything the current DOJ touches.
Its to prop up American businesses, and as a form of corporate welfare.
We see this a lot in various vertical industries. The USG could pay and make it free, but they would rather prop up proprietary software as long as its US based.
Not even being a monopolist matters.
Look at the state of the industry vertically. There's exactly 1 company that can produce the cutting-edge chip fabs, ASML. TSMC utterly dominates using the fabs to actually produce the chips. That's already 2 foreign-controlled horizontal monopolies on which the rest of the industry relies.
If you want any sort of control in the industry (and not be bullied for access like we do to China), you need to be the biggest buyer / operator of those chips. And so we encourage US mega-tech companies buying up all the GPUs, so those other monopolies aren't used to cripple us (or at least they'd cripple the whole chain if they tried).
> You need to look past your fan bias.
That's funny, considering that you are arguing that Android is worse than iOS, despite iOS being far more anti-competitive.
It's so unsavory to see Tim Cook grovel like that. No backbone at all, what a pitiful human.
Then they used anticompetitive tactics against companies attempting to take advantage of that supposed openness to retain tight control.
They have been found guilty of doing this many times in many jurisdictions.
Meanwhile, Microsoft's XBox walled garden ecosystem remains perfectly legal.
This is because walled gardens are not illegal. Anticompetitive conduct in open markets is.
If you want walled gardens to be illegal, you have to do what the EU did and change the law.
Also I didn't see any info on whether the fund manager can beat hft et al to the punch once disclosure happens.
No, you won’t. That ETF is a trailing indicator, and it’s trailing so far back it won’t even show up in the rearview mirror.
That, and if you load a comparison chart with .SPX, they look almost identical. No upside, and greater risk.
https://www.npr.org/2024/10/21/g-s1-28919/supreme-court-judg...
https://www.brennancenter.org/our-work/research-reports/judg...
https://news.northeastern.edu/2025/03/27/judge-shopping-expl...
Which is part of the reason why the Netherlands is not a superpower.
Sure I'm open to the idea that there's fierce competition on the hardware, on the software though, there's absolutely zero signs of it.
> then why not apply that argument to app stores owned by Sony, Microsoft, & Nintendo?
We do have signs that there's competition in the console world, if you want to make that parallel, when was the last time Google or Apple paid for an app exclusive similarly to game exclusives?
Can you name any country that has ever been a superpower where judges (of the national judiciary if it has separate judiciaries for constituent parts from the national one) were predominantly democratically elected?
On the contrary.
> The base of the glass plaque was made of 24 karat gold
My recollection, which may be way off, is Biden preferred fine grade silver dinner ware and free Uber passes...
It is amazing how quickly centralized power can not just become deeply and openly corrupt, but operate free of credible challenge. The centralization in this case being years of tightened coordination within one party, acting on all three branches. The internal leverage created by such processes provides a natural habitat for final consolidation by an opportunistic individual.
And suddenly the standards of governance are unrecognizable. The unsurprising result of successfully centralized power.
It has long occurred to me that by not having limits on party power (seat limits? term limits? Cross state limits? Cross branch limits?), the US Constitution left a huge power coordination loop hole, free of checks and balances.
That loophole holds up an eternal carrot of legal one party rule. Temporary one party rule in theory, but the constant drive for that grinds down bipartisanship and respect for any shared power.
No one party should ever have a dominant majority of congress, much less dominate all three branches.
At that point, in-party incentives overwhelmingly push party solidarity above any other issue.
(Another great side effect of party seat/term limits would be the breakup up of the party duopoly which even when "working" lowered the bar for each party to the floor, i.e. neither party needed to do much but not be the latest disappointing incumbent. And a duopoly is incapable of providing choices reflecting a complex reality. They are reduced to competing via team identification/shibboleths.
