Apple has found itself in a serious predicament with the UK Competition and Markets Authority (CMA) due to allegations of misleading the regulator in a regulatory filing. OWA, a web technology lobbying group, has accused Apple of downplaying competition concerns related to its mobile browser and cloud gaming markets, a matter of significant importance.
The Inquiry’s Focus and OWA’s Claims on Apple
The CMA investigation centers around whether Apple has unethically favored its own Safari browser by making it difficult for users to choose rival browsers as default on their devices. Apple has consistently maintained that it has not engaged in any such anti-competitive practices.
However, OWA has presented evidence pointing out that Apple's claims are inaccurate. A document was filed by Apple last month. On Page 47, Footnote 142 says that “The CMA analysis also appears to rely on an OWA report concerning an alleged ‘dark pattern’ involving the use of different UIs in order to preference Safari is set as the default browser (paragraph 3.48) by not displaying the default browser setting in the Settings app’s Safari tab where the default browser is Safari. This is not correct. The default browser app setting in the Safari tab is clearly visible when the user has set Safari as the default.”
According to The Register, Apple says, “This is not correct,” and “The default browser app setting in the Safari tab is clearly visible when the user has set Safari as the default.” The OWA also released a recorded video of this on March 27, 2024, of this "alleged 'dark pattern'"
While Apple asserts that the issue is resolved, the OWA maintains that the company's previous statements were misleading.
What Consequences Might Apple Face if Found Guilty?
If the CMA finds Apple guilty of these allegations, the consequences could be severe, potentially impacting the company's operations and reputation. According to the CMA's guidance, “providing false or misleading information to a regulator is a criminal offense and punishable by fine and/or imprisonment."