10
on various barriers to competition in this ecosystem, primarily related to mobile app stores and
app payment mechanisms.
Among others, the U.S. House Committee on the Judiciary Subcommittee on Antitrust,
Commercial, and Administrative Law looked into mobile app competition as part of an
investigation into digital markets in 2020.
44
As noted below in more detail, the Department of
Justice (DOJ) and state attorneys general have taken on the topic in lawsuits, South Korea has
investigated the app ecosystem, and both the European Union and United Kingdom have been
looking at approaches to digital markets and, in particular, mobile ecosystems.
45
Concerns regarding the app ecosystem, and on digital platforms generally, are also being
examined in a variety of legal venues, from courts to legislatures.
46
One potential solution to
many of the structural issues present in the current app ecosystem is increased antitrust
enforcement, both domestically and internationally. DOJ,
47
state attorneys general,
48
and private
parties,
49
have significant competition law cases currently underway. One concern, voiced for
example in a March 2019 UK report analyzing how to move forward on approaches to digital
competition, is that innovative start-ups cannot stay in business while battling large companies in
the often long and legally complex competition lawsuits.
50
However, to the extent that private
litigants face business or legal obstacles to success in antitrust litigation, greater support for
approaches to competition issues in digital markets) and at 7 (“There are certain common features present in many
digital markets which often lead to firms gaining a large and powerful position. These features may tend to increase
market concentration, raise barriers to entry, and strengthen the durability of market power”).
44
See, e.g., Final House Report, at 144-207 and 277-317, et seq.,
https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf?utm_campaign=4493-519 .
45
See, e.g., South Korea approves rules on app store law targeting Apple, Google, Reuters (Mar. 8, 2022),
https://www.reuters.com/technology/skorea-approves-rules-app-store-law-targeting-apple-google-2022-03-08/; KCC
Begins Fact-Finding Investigation of Three App Market Operators Including Google, Apple, Press release, Korea
Communications Commission (KCC), (Aug 9, 2022),
https://www.kcc.go.kr/user.do?boardId=1058&page=E04010000&dc=E04010000&boardSeq=53609&mode=view;
Deal on Digital Markets Act: EU Rules to Ensure Fair Competition and More Choice for Users, European
Parliament News (Mar. 24, 2022), https://www.europarl.europa.eu/news/en/press-room/20220315IPR25504/deal-
on-digital-markets-act-ensuring-fair-competition-and-more-choice-for-users. The full text of the DMA is available
here: https://competition-policy.ec.europa.eu/sectors/ict/dma_en. In addition, Japan is one of several other countries
that has been studying the mobile ecosystem. See Competition Assessment of the Mobile Ecosystem, Interim
Reports on Mobile Operating System, Secretariat of the Headquarters for Digital Markets Competition, Cabinet
Secretariat, (Japan) (Apr. 26, 2022),
https://www.kantei.go.jp/jp/singi/digitalmarket/pdf_e/documents_22220601.pdf.
46
See, e.g., Hearing of the Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights, Antitrust
Applied: Examining Competition in App Stores (Apr. 21, 2021),
https://www.judiciary.senate.gov/meetings/antitrust-applied-examining-competition-in-app-stores; Digital platform
services inquiry, Interim report No. 2 – App marketplaces, Australian Competition & Consumer Commission
(March 2021), https://www.accc.gov.au/system/files/Digital%20platform%20services%20inquiry%20-
%20March%202021%20interim%20report.pdf.
47
See, e.g., Amended Complaint, United States v. Google LLC, No. 1:20-cv-03010, (D.D.C. Jan. 15, 2021).
48
See, e.g., First Amended Complaint, Utah v. Google LLC, No. 3:21-cv-05227 (N.D. Cal Nov. 1, 2021) (Filed Nov.
1, 2021) (37 Attorneys General allege Google’s conduct has driven up competitor prices, limited consumer choice,
and misrepresented security risks of apps outside of its mobile app store) (37 AGs v. Google Complaint).
49
Epic Games, Inc. v. Apple, Inc., 559 F.Supp.3d 898, (N.D. Cal. 2021) (regarding Apple taking a percentage of
apps’ revenues and limiting their communication with consumers) (on appeal at the Ninth Circuit); see also
Complaint, Epic Games, Inc. v. Google LLC, No. 3:20-cv-05671 (N.D. Cal. Aug. 13, 2020).
50
See, e.g., Furman Report at 103-4