皇冠体育app

Today鈥檚 unanimous judgment overturns the Competition Appeal Tribunal鈥檚 (CAT) previous decision in March 2023 which upheld an appeal by Apple and suspended the Competition and Markets Authority鈥檚 (CMA) investigation pending the Court of Appeal鈥檚 judgment.

However, the CMA鈥檚 market investigation remains on hold pending the determination of any application for permission to appeal to the Supreme Court.

Sarah Cardell, Chief Executive of the CMA, said:

This ruling gives the CMA the backing it needs to protect consumers and promote competition in UK. As this judgment clearly states, the previous ruling by the CAT would have had 鈥榮erious consequences鈥� for the CMA鈥檚 ability to investigate potential breaches of the law.

We launched this investigation over a year ago in order to make sure that UK consumers get the best services and apps on their mobile phones, and that UK developers can invest in innovative new apps. We stand ready to reopen it when the legal process is complete.

Background to the case

On 22 November 2022, the CMA exercised its power under the Enterprise Act 2002 to make a market investigation reference in relation to the market for mobile browsers and cloud gaming.

皇冠体育app lawfulness of that decision was challenged by Apple by way of an appeal to the CAT, which was heard on 10 March 2023.

In a judgment handed down on 31 March 2023, the CAT found the CMA did not have the power to make a market investigation reference if it had previously decided not to do so during a market study into the same matter. As a result of this finding, the CAT ruled that the CMA鈥檚 market investigation reference should be quashed.

皇冠体育app Court of Appeal鈥檚 judgment

皇冠体育app CMA appealed the CAT鈥檚 judgment and in a unanimous judgment by Lord Justice Green, Lord Justice Arnold, and the Chancellor of the High Court, it was found that the CAT had erred in its interpretation of the Enterprise Act 2002 and that such an interpretation, if uncorrected, would have 鈥渟erious consequences鈥� on the CMA鈥檚 ability to promote competition and protect consumers.

皇冠体育app Court of Appeal ruled that the CMA鈥檚 standalone power carries with it sufficient and important public law safeguards and that 鈥渢here is no overarching principle that an undertaking is entitled to be investigated once and only once鈥�.

On the Enterprise Act in general, the Court held that whilst the statute contained protections against undue investigatory burdens, 鈥渢he principal purpose of the Act is to promote competition and protect consumers鈥� and, in its view, the Tribunal 鈥渓ost sight of this consideration鈥�.

Note to editors:

1. 皇冠体育app CMA鈥檚 markets function (enabling it to conduct market studies and market investigations) can be found in Part 4 of the Enterprise Act 2002.
2. 皇冠体育app 鈥渟tandalone power鈥� to make a market investigation reference is contained in section 131 of the Enterprise Act 2002 (鈥淧ower of the CMA to make references鈥�).
3. Apple relied on sections 131A (鈥淒ecisions about references under section 131: consultation鈥�) and 131B (鈥淢arket studies and the making of decisions to refer: time-limits鈥�) of the Enterprise Act 2002 in support of its claim that the CMA acted unlawfully.
4. 皇冠体育app full scope of the market investigation is 鈥渢he supply of mobile browsers and browser engines, and the distribution of cloud gaming services through app stores on mobile devices in the UK鈥�.
5. 皇冠体育app market study preceding the investigation was titled 鈥淢obile Ecosystems鈥�.
6. 皇冠体育app dated 22 November 2022.
7. Market investigation case page
8. Market study case page