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Australian Court Partly Rules Against Apple and Google in Epic Games Antitrust Case

An Australian federal court has ruled that Apple’s App Store and Google’s Android app marketplace engage in uncompetitive practices, handing Epic Games a partial victory in its long-running legal battle against the tech giants.

The 2,000-page judgment, not yet publicly released, found that Apple and Google’s app stores lacked safeguards against anti-competitive behavior. However, the court also determined that the companies had not intentionally violated the law, local media reported.

Epic Games argued that both Apple and Google charged excessive fees for app downloads and in-app purchases while blocking users from installing alternative app stores. In response to the ruling, Epic said on X that the decision confirmed the companies “abuse their control over app distribution and in-app payments to limit competition.” The company also announced that Fortnite and the Epic Games Store would soon be available on iOS devices in Australia, calling it a win for both developers and consumers.

Apple welcomed the court’s dismissal of some of Epic’s claims but expressed strong disagreement with the findings on competition, maintaining that it faces “fierce competition in every market where we operate.” Google similarly said it would review the full judgment but disagreed with the court’s characterization of its billing practices and certain historical partnerships.

The ruling adds to Epic Games’ global campaign challenging the dominance of app distribution systems controlled by Apple and Google, which has included high-profile cases in the United States and Europe.

US Government Likely to Ban Chinese AI App DeepSeek Over Security Concerns

The Trump administration is reportedly moving towards a ban on the Chinese AI chatbot DeepSeek from U.S. government devices due to national security concerns, according to a Wall Street Journal report on Friday. Sources familiar with the matter have said that U.S. officials are worried about how DeepSeek handles user data, especially since the company stores this data on servers based in China.

The discussions about restricting DeepSeek are still in the early stages, but the administration is considering banning the app from U.S. app stores and placing limits on how American cloud service providers can offer DeepSeek’s AI models to their customers. These concerns have emerged as the app’s entry into the market has raised alarms about its potential to disrupt the current AI landscape.

DeepSeek’s low-cost AI models have already caused significant volatility in global equity markets, with investors worried that the company’s technology could threaten the dominance of existing AI leaders. The growing scrutiny of the app adds to the broader U.S. government’s ongoing efforts to monitor and regulate foreign technology companies, especially those with ties to China.

Australia Proposes Law to Curb Big Tech’s Anti-Competitive Practices

Australia has introduced a draft law aiming to strengthen digital competition by penalizing global technology giants for anti-competitive practices. The proposal, unveiled on Monday, seeks to impose fines of up to AUD 50 million (USD 33 million) on companies that hinder consumer choice or suppress innovation.

Key Provisions of the Proposed Law

  1. Scope and Oversight
    • The legislation would empower the Australian Competition and Consumer Commission (ACCC) to oversee compliance, investigate online anti-competitive behavior, and enforce penalties.
    • Platforms deemed to pose significant risks to competition, such as app stores, online search engines, and ad technology services, will be prioritized.
  2. Targeted Practices
    • Restrictions would prevent companies from:
      • Favoring their own services over third-party offerings.
      • Promoting poorly rated apps at the top of search results.
      • Using “sneaky tactics” to lock consumers into specific ecosystems.
    • These measures aim to simplify switching between services, enhancing competition across social media platforms, internet browsers, and app stores.
  3. Fine Details
    • Penalties of up to AUD 50 million would be imposed for violations, signaling Australia’s firm stance on regulating dominant tech players.
  4. Consultation Timeline
    • A public consultation period is open until February 14, 2024, after which the draft legislation will be finalized.

Broader Context

  • Inspired by the EU: The proposed law is modeled after the European Union’s Digital Markets Act, which enforces similar rules on Big Tech.
  • Recent Legislative Efforts: Last week, Australia banned social media usage for children under 16, reflecting broader efforts to regulate digital spaces.
  • Market Dominance:
    • Google: Controls 93%-95% of online search services in Australia.
    • Apple and Google: Together dominate the app store market, with Apple commanding 60% of downloads and Google Play Store 40%.
    • Meta: Facebook and Instagram account for 79% of social media usage in the country.

Government’s Position

Assistant Treasurer Stephen Jones highlighted that dominant platforms often restrict consumer choice, inflate costs, and stifle innovation by smaller players. The legislation aims to address these challenges and promote a fair digital economy.

Industry Response

Major tech companies, including Apple, Google, and Meta, have not yet commented on the proposal. However, the new regulations are expected to add to the growing scrutiny these companies face globally.

Implications

If enacted, the law could reshape Australia’s digital landscape by encouraging competition, enhancing transparency, and reducing consumer dependency on dominant platforms. This aligns with global trends of holding Big Tech accountable for their market influence.