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Apple used an Uno reverse card to evade the law, and it may have worked

By Stanislav Serbezov

Published: Jan 23, 2023, 10:08 AM

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Apple

Apple is looking to stop the UK Competition and Markets Authority's (CMA) attempts to research mobile browsers and mobile gaming. Naturally, as many of you know, ads in websites and in-app purchases in games is how a lot of revenue is made. The latter certainly brings a pretty penny to Apple’s pockets, as a percentage of each purchase always goes to them.

In other words, if the CMA finds something fishy, then that flow of money might stop, and that’s no good. So Apple’s suits submitted an appeal which makes the pretense that the CMA is not adhering to timing requirements — basically, the required flow of certain legal investigations, as per legal requirement — and therefore the investigation’s launch is not entirely proper.

AppleInsider reports that the CMA released a Market Study Notice, but as per Apple’s appeal, it doesn’t adhere to established requirements, for where the law requires the use of the word “Must”, the Notice itself contained “Shall”. Clever.

How did usage of the word “Shall” save Apple from a legal investigation?

You see, by means of procedural technicality, “Shall” is too vague. The law expects the usage of the word “Must” when speaking about an obligation, or in other words — about the thing that someone is expected to do. In this case, the someone is Apple and the thing is what the investigation might’ve resulted in.

So, if this entire thing works, the tech giant can potentially escape the investigation. Or at least for a time, until another one, which adheres to the technicalities, is launched. However, it’s more likely that the CMA will continue the investigation on a lower level, which means less freedom to poke at Apple's rotten parts.

But why would Apple want that in the first place? Well, if the CMA does find something, and manages to prove that it's affecting the concept of fair competition in a negative way, that would mean that Apple is doing something wrong. Which, in turn, would mean that they have to sort it out asap. Do you see how that may cost time and money? Well, why do that, when you can focus on the expected iPhone 15.

Regardless of the outcome, Apple’s law team certainly deserves kudos for figuring out a way to withhold the imminent investigation. But what this entire ordeal means factually remains for your imagination to dissect.

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Stan, also known as Stako, is a smartphone enthusiast who loves exploring the limits of Android customization. His journey with mobile tech began with the Nokia 5110 and evolved with devices like the BlackBerry 9350 Curve and Samsung Galaxy A4. Despite his love for Android, he holds equal respect for Apple, considering the iPhone 4s as a significant milestone in mobile tech. Stan started his writing career early, contributing to MetalWorld, and harbors a passion for creative writing. Beyond smartphones, he's interested in photography, design, composition, and gaming, often preferring solo projects to hone his objective thinking. He's also an avid student of open-source technology and consoles, with a special fondness for the Pebble Watch, Arduboy, and Playdate.