MS was prosecuted because they pressured OEMs into not installing a different browser by making that a requirement to be able to buy Windows licenses.
The alleged illegal act here was the combination of them 1) leveraging the power they had over OEMs to 2) prevent them from installing a different browser in an effort to 3) kill competing browsers.
It was never just about having a default browser, it was about the combination of 1, 2 and 3. There were some other incidents other than the browser that involved elements 1, 2 and 3, but the logic behind it was similar.
I say “alleged” because MS won on appeal and the DOJ decided to settle.
Apple on the other hand, just has a default messaging app. They’re not using their power to block other messaging apps with the intent to kill them, nor are they pressuring other parties to do or not do an act to protect their default messaging app.
The only thing that comes closest to the MS case is that Apple told carriers that they can’t have their bloatware preinstalled from the get go with the first iPhone. The problem however is that Apple, when they imposed that restriction, had no power over carriers, they were just entering the phone market after all.
If anything the carriers had power over Apple, but they still choose to play ball despite this restriction.
I’d they’d tried to do that now, then it’d be a different story, because now Apple has quite some market dominance and it could be an antitrust issue.
That’s why carriers are free to impose limitations on certain functionality like hotspot use, because if Apple would force carriers, especially in a heavy handed way, then it could be explained as abusing their power.
Apple is mainly lucky for always having done Apple things, even when they were small in the respective market.
A lot of what Apple does, Apple has done from the beginning when they were insignificant in the context of a market. They couldn’t do introduce many of those things now while they’re so big.
So for all intents and purposes Apple is treated the same as MS.
MS was prosecuted because they pressured OEMs into not installing a different browser by making that a requirement to be able to buy Windows licenses.
The alleged illegal act here was the combination of them 1) leveraging the power they had over OEMs to 2) prevent them from installing a different browser in an effort to 3) kill competing browsers.
It was never just about having a default browser, it was about the combination of 1, 2 and 3. There were some other incidents other than the browser that involved elements 1, 2 and 3, but the logic behind it was similar.
I say “alleged” because MS won on appeal and the DOJ decided to settle.
Apple on the other hand, just has a default messaging app. They’re not using their power to block other messaging apps with the intent to kill them, nor are they pressuring other parties to do or not do an act to protect their default messaging app.
The only thing that comes closest to the MS case is that Apple told carriers that they can’t have their bloatware preinstalled from the get go with the first iPhone. The problem however is that Apple, when they imposed that restriction, had no power over carriers, they were just entering the phone market after all. If anything the carriers had power over Apple, but they still choose to play ball despite this restriction.
I’d they’d tried to do that now, then it’d be a different story, because now Apple has quite some market dominance and it could be an antitrust issue.
That’s why carriers are free to impose limitations on certain functionality like hotspot use, because if Apple would force carriers, especially in a heavy handed way, then it could be explained as abusing their power.
Apple is mainly lucky for always having done Apple things, even when they were small in the respective market.
A lot of what Apple does, Apple has done from the beginning when they were insignificant in the context of a market. They couldn’t do introduce many of those things now while they’re so big.
So for all intents and purposes Apple is treated the same as MS.