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I think a key consideration is they created the entire platform inclusive of the market structure day zero. The law doesn’t protect against market dominance in
by fnordpiglet 3y ago
I think a key consideration is they created the entire platform inclusive of the market structure day zero. The law doesn’t protect against market dominance in one or more markets and they’re not leveraging one market against another - they created the markets and distribution channels.
It’s like claiming Amazon Kindle not hosting Nook bookstores is anticompetitive or Krogers not letting Whole Foods sell in their store or Peleton for not opening their bike to other fitness products. They built the platform and the distribution channels, are they obligated to host everything in any channel?
While side loading is a feature of general purpose operating systems not all operating systems offer it, and it’s only really coming to be an issue here because of the ubiquity of their product. But the lack of side loading isn’t new, and has never been offered. To that extent it’s more along the lines of market dominance alone, not using dominance to distort adjacent markets or willful anticompetitive behavior.
I suspect Apple and Google will not be forced to open their products in the US as it’s not clear their strategy runs afoul traditional interpretations of law.
- xethos 3y ago> they’re not leveraging one market against another I'm sorry, is your point that "Music streaming service" is not a market? Apple allows signups via every way one could access the application - mobile, web, and desktop. Tidal then has a choice: they can have the same advantage as Apple (a smooth flow with signup prompts available everywhere), or they can have the same pricing model as Apple (by not paying the 30% App Store cut). Tidal cannot have both. How is this not Apple using their market dominance in app distribution (either due to OS dominance or Apple's exclusive app distribution channel, take your pick) to gain an advantage in the Music Streaming marketplace?