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UK High Court endorses CMA's right to investigate Apple

EditorPollock Mondal
Published 01/12/2023, 10:44 pm
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The UK High Court has reinstated the Competition and Markets Authority's (CMA) ability to continue its investigation into Apple Inc (NASDAQ:AAPL).'s market practices concerning mobile browsers and cloud gaming. This decision follows a series of legal challenges, with the most recent judgment by the UK Court of Appeal on Thursday, supporting the CMA's stance against Apple in a probe related to their market position.

The investigation, which originated in November 2022, faced a setback on March 10, 2023, when the Competition Appeal Tribunal (CAT) sided with Apple, putting a temporary hold on the CMA's inquiry. However, the UK High Court later overturned this decision, affirming the CMA's authority to conduct multiple investigations if they serve the principal purpose of promoting competition and protecting consumers, as outlined in the Enterprise Act 2002.

The court's unanimous ruling, which included Lord Justice Green, Lord Justice Arnold, and the Chancellor, emphasized that there is no overarching principle limiting regulatory bodies to a single investigation into a company's market behavior. This principle supports the CMA's mandate to scrutinize potential anti-competitive practices within Apple’s operations.

The CMA's Chief Executive, Sarah Cardell, has welcomed the decision, signaling readiness to proceed with the inquiry after the legal process is completed. Apple has yet to comment on the judgment or indicate whether they will escalate the matter to the UK Supreme Court.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

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