4 ms·
Spotify is obviously going to try and define the relevant market as something that frames Apple as dominant, but I'm struggling to figure out how they're going
by Benjammer 8y ago
Spotify is obviously going to try and define the relevant market as something that frames Apple as dominant, but I'm struggling to figure out how they're going to do that. You have to define the market as some set of products that are "interchangeable" to consumers. Apple is under 20% of "smartphones," globally, and somewhere around 25% of the EU.
I don't think you can say that the App Store is itself a relevant market. Especially when you consider that Spotify's exact same services are offered across many other platforms. When you can interchange Android Spotify and iOS Spotify and receive the exact same product and services from Spotify, then how can you frame Apple as a dominant undertaking?
- Jyaif 8y agoIf multiple companies are selling the same product, and one company is making more profit from this product than all the other companies combined, wouldn't you say that this company is dominant?
- Benjammer 8y agoIt's not about what I would say, it's about how a dominant undertaking is defined under EU law. Which isn't just "ah that makes sense" as it's basis. There are legal statutes and court precedent that must be argued to prove the definition of the relevant market, and then to prove that Apple is a dominant undertaking within said market. None of this has to do with my feelings about Apple or how "fair" they are being. I have zero knowledge of EU case law, so it's hard for me to make a definitive, sourced argument here to answer your question. I just don't think it's such an open and shut case of market definition NOR Apple's dominance.
- andromeduck 8y agoNo. I would say that that company is more profitable. Is Porsche more dominant than Toyota?