GovWire

Mobile browsers and cloud gaming

Competition Markets Authority

May 18
11:30 2023

Administrative timetable

Further update on the Competition Appeal Tribunal (CAT) judgment and subsequent order

21 April 2023: On 20 April 2023, the CAT made an order setting out the consequences for the market investigation and the obligations on the CMA flowing from the CATs judgment. The order can be found on the CATs website.

The order suspends the 18-month period the CMA has to prepare and publish its report on the market investigation, with effect from 31 March 2023 and preserves the current position in the market investigation until the CMAs appeal, if permitted, is determined. The CMA will not progress the market investigation during this time. Market participants are also not be required to take any steps in relation to the market investigation.

On 13 April 2023, the CMA requested permission to appeal from the CAT in relation to the CATs judgment of 31 March 2023 in this matter.

Update on Competition Appeal Tribunal (CAT) judgment

31 March 2023: The CAT has handed down a judgment in relation to Apples application for review under section 179 Enterprise Act 2002 of the CMAs decision to make a market investigation reference into the supply of mobile browsers and browser engines, and the distribution of cloud gaming services through app stores on mobile devices in the UK. The CAT has found in Apples favour.

The full judgment can be found on the CATs website.

A CMA spokesperson said:

We are disappointed with todays judgment. We made this market investigation reference to make sure that UK consumers get a better choice of mobile internet services and that UK developers can invest in innovative new apps. Our concerns, and the reasons why we launched our market investigation, were not challenged by Apple.

Todays judgment has found there are material constraints on the CMAs general ability to refer markets for in-depth investigations. This risks substantially undermining the CMAs ability to efficiently and effectively investigate and intervene in markets where competition is not working well.

Given the importance of todays judgment, we will be considering our options including seeking permission to appeal.

Market investigation reference

Invitation to comment on consumer survey draft questionnaire

15 February 2023: As part of its investigation into mobile browsing and cloud gaming, the Competition and Markets Authority (CMA) has appointed Kantar Public to conduct a quantitative survey of UK consumers who own a smartphone. The below linked Questionnaire notice provides details of the research approach.

We welcome comments on the draft questionnaire to be used in the proposed survey. Comments are due by 5.00pm GMT 22 February 2023.

Responses to the issues statement

Issues statement

13 December 2022: The issues statement outlines initial theories on what might be affecting competition and potential remedies. It doesnt set out our findings or conclusions. Parties are invited to provide submissions commenting on the issues and possible remedies. The deadline for submissions on the issues statement is Tuesday 17 January 2023.

Invitation to comment on research agencies

1 December 2022: As part of its browsers and cloud gaming market investigation, the CMA intends to carry out research with consumers and web developers. We have identified a number of firms to undertake this research and comments are invited on potential conflicts of interest or any other restriction on the firms suitability to carry out the work.

Consumer research: The central objective for the consumer research is to measure and develop our understanding of consumer behaviour in the mobile browser market, with a particular focus on understanding the drivers of browser choice on smartphone devices. We expect the research will involve both qualitative and quantitative research disciplines and we encourage agencies to propose research methodologies which best address our research objectives.

Web developer research: The central objective for the web developer research is to develop our understanding of the experiences of web developers in relation to browsers and browser engines. We believe qualitative research will be most appropriate for this project but again encourage agencies to propose research approaches which best meet our research objectives.

Inquiry group appointed

22 November 2022: The CMA appointed the inquiry group on 22 November 2022.Margot Daly (Inquiry Chair), Robin Foster,

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