In April of this year, the Federal Antimonopoly Service of the Russian Federation issued a record fine to Apple in the amount of almost a billion rubles. The reason was abuse of dominance in the mobile software market for iOS, which the company used to limit one of the parental control apps from the App Store… According to FAS experts, Cupertino did this because they were afraid of competition from Kaspersky Lab, the developer of that very application. But Apple believes that it was absolutely right and was not afraid to get involved in a major legal battle to protect its interests.
Apple asked the appellate court, where she applied in the spring, to postpone the meeting until September. It is reported by Sputnik News citing sources in court. Despite the fact that the company protested the FAS decision back in April, it is obvious that representatives of the antimonopoly department have already provided such evidence that lawyers the company turned out to be corny with nothing to cover.
That is why they needed such a break between meetings in order to be in time. prepare an FAS responseafter consulting the American office. In the end, overseas colleagues already have experience of confrontation with government agencies, and, moreover, quite successful. After all, the App Store there is still the only software store for iOS.
Apple versus Russian authorities
It is clearer than clear that Apple is afraid not only and not so much of a fine (a billion for her is a small figure), how many FAS requirements to correct violations of antimonopoly legislation. By these violations, the antitrust authority means there is only one but very strict rule in the App Store.
In accordance with this, Apple reserves the right, in effect, to remove or disallow publication of any application without giving any reason. This goes against the foundations of the free market, and the FAS wants Cupertino to abandon this rule in order to avoid the formation of a monopoly.
The break until September means that Apple is required in the region of two months to prepare a response to the FAS representatives. This is actually quite a lot for lawsuits. Most often, litigants ask for a postponement for a week or two – in order to familiarize themselves with the arguments of the opposite side.
I would suggest that the lawyers of the Russian office of Apple are planning to consult with their American colleagues, who recently successfully defended the company’s right to maintain the App Store as the only app store in several US states. But the American court is very different from the Russian one.
I know from my own experience that we have no real adversarial competition in court, and the oratory skills for which Koni, Plehve and other eminent lawyers of pre-revolutionary Russia were famous is today replaced by a dry retelling of legislative norms by both sides of the trial.
Apple court in Russia
So Apple will clearly have a difficult time proving to the court that App Store rulethat allows the company to decide the fate of the developers, must definitely stay… It’s not easy – because only a reference to the law can convince a judge, and the ephemeral argument about user safety, for which Apple is trying, may not work.
Does this really mean that Russia will become the very frontier that will stumble Apple’s monopoly on the mobile app market for iOS? Well, most likely not. If a company manages to more or less defend its interests in Europe and the United States, where the legal proceedings are still better, it is unlikely that any significant redistribution will occur in our country.
But how then Apple will be able to convey to the authorities your point of view? Most likely, through their agents of influence, or, in a simple way, lobbyists of their interests. And they definitely are. We know this from the experience of the adoption of the law on Russian software, which specifically for Apple prescribed such exceptions that other companies could not even imagine.
So I have no doubt that for Apple in Russia everything will be all right. Not only is the decision of the need remove from App Store the rule for deleting any applications will most likely be canceled, so you will not have to pay a fine. At least in favor of the state. But agents of influence will obviously not work for free. But this should not interest us anymore.
Source: AppleInsider.ru — крупнейший сайт о iPhone, iPad, Mac в России by appleinsider.ru.
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