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Chronicles

The story behind the story

days · browse · Enter similar · o open

A UK judge reverses a decision to block a full UK CMA investigation into Apple's dominance in mobile browsers and cloud gaming, saying the CMA acted lawfully

- CMA wins appeal ruling on investigation of mobile dominance  — Watchdog acted lawfully when it proposed an investigation

Bloomberg Katharine Gemmell

Context & Ripple Effects

The CMA’s browser and cloud-gaming inquiry began after the regulator identified concentrated control over those mobile access points. Apple had previously succeeded in challenging the investigation’s launch, and the CMA then lost an initial attempt to overturn that result.

This ruling restores the regulator’s ability to conduct the full inquiry rather than resolving the underlying competition questions. It reopens a process first aimed at the mobile-browser and cloud-gaming constraints the CMA had put under formal scrutiny.

First-order effects

  • The CMA can proceed with its full investigation into Apple’s position in mobile browsers and cloud gaming; Apple again faces the inquiry’s evidentiary and procedural demands.
  • The ruling removes the legal block that had prevented the investigation from advancing, while making no finding here on whether Apple breached competition rules.

Second-order effects

  • Browser and cloud-gaming developers regain a live regulatory forum for concerns about mobile-platform access and restrictions, rather than relying solely on commercial negotiations with Apple.
  • The decision strengthens the CMA’s ability to pursue the broader mobile-browser inquiry it initiated around Apple and Google, increasing regulatory attention on how platform rules shape adjacent services.

Third-order effects

  • If upheld as a durable reading of the CMA’s powers, the ruling lowers the procedural barrier to UK market investigations of major digital gatekeepers before any remedies are considered.
  • The case points toward competition oversight focused on control of default access, browser technologies, and app-distribution rules—not only on prices or individual conduct cases.

The trend: Digital competition policy is increasingly testing whether mobile-platform gatekeepers can use control of core access layers to shape competition in services built on top of them.

Discussion

  • @zach_cer Zach Meyers on x
    The CMA *can* look into mobile browsers and cloud gaming, with a court overturning Apple's appeal of the CMA's decision to launch a review. Finally: sanity prevails!
  • @moncktonlaw Monckton Chambers on x
    The CoA has today overturned the CAT's ruling that that CMA's market investigation into mobile browsers and cloud gaming was commenced out of time. Rob Williams KC was instructed by the CMA to challenge the CAT's judgment in the Court of Appeal. https://www.monckton.com/...