Something I missed in posting about Apple’s critical appraisal of the Digital Markets Act is its timing. Why now? Well, it turns out the European Commission sought feedback beginning in July, and with a deadline of just before midnight on 24 September. That is why it published that statement, and why Google did the same.

Oliver Bethell, Google’s “senior director, competition”, a job title which implies a day spent chuckling to oneself:

Consider the DMA’s impact on Europe’s tourism industry. The DMA requires Google Search to stop showing useful travel results that link directly to airline and hotel sites, and instead show links to intermediary websites that charge for inclusion. This raises prices for consumers, reduces traffic to businesses, and makes it harder for people to quickly find reliable, direct booking information.

Key parts of the European tourism industry have already seen free, direct booking traffic from Google Search plummet by up to 30%. A recent study on the economic impact of the DMA estimates that European businesses across sectors could face revenue losses of up to €114 billion.

The study in question, though published by Copenhagen Business School, was funded by the Computer & Communications Industry Association, a tech industry lobbying firm funded in part by Google. I do not have the background to assess if the paper’s conclusions are well-founded, but it should be noted the low-end of the paper’s estimates was a loss of €8.5 billion, or just 0.05% of total industry revenue (page 45). The same lobbyists also funded a survey (PDF) conducted online by Nextrade Group.

Like Apple, Google clearly wants this law to go away. It might say it “remain[s] committed to complying with the DMA” and that it “appreciate[s] the Commission’s consistent openness to regulatory dialogue”, but nobody is fooled. To its credit, Google posted the full response (PDF) it sent the Commission which, though clearly defensive, has less of a public relations sheen than either of the company’s press releases.

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Apple issued a press release criticizing the E.U.’s Digital Markets Act in a curious mix of countries. It published it on its European sites — of course — and in Australia, Canada, New Zealand, and the United States, all English-speaking. It also issued the same press release in Brazil, China, Guinea-Bissau, Indonesia, and Thailand — and a handful of other places — but not in Argentina, India, Japan, Mexico, or Singapore. Why this mix? Why did Apple bother to translate it into Thai but not Japanese? It is a fine mystery. Read into it what you will.

Anyway, you will be amazed to know how Apple now views the DMA:

It’s been more than a year since the Digital Markets Act was implemented. Over that time, it’s become clear that the DMA is leading to a worse experience for Apple users in the EU. It’s exposing them to new risks, and disrupting the simple, seamless way their Apple products work together. And as new technologies come out, our European users’ Apple products will only fall further behind.

[…]

That’s why we’re urging regulators to take a closer look at how the law is affecting the EU citizens who use Apple products every day. We believe our users in Europe deserve the best experience on our technology, at the same standard we provide in the rest of the world — and that’s what we’ll keep fighting to deliver.

It thinks the DMA should disappear.

Its reasoning is not great; Michael Tsai read the company’s feature delays more closely and is not convinced. One of the delayed features is Live Translation, about which I wrote:

This is kind of a funny limitation because fully half the languages Live Translation works with — French, German, and Spanish — are the versions spoken in their respective E.U. countries and not, for example, Canadian French or Chilean Spanish. […]

Because of its launch languages, I think Apple expects this holdup will not last for long.

I did not account for a cynical option: Apple is launching with these languages as leverage.

The way I read Apple’s press release is as a fundamental disagreement between the role each party believes it should play, particularly when it comes to user privacy. Apple seems to believe it is its responsibility to implement technical controls to fulfill its definition of privacy and, if that impacts competition and compatibility, too bad. E.U. regulators seem to believe it has policy protections for user privacy, and that users should get to decide how their private data is shared.

Adam Engst, TidBits:

Apple’s claim of “the same standard we provide in the rest of the world” rings somewhat hollow, given that it often adjusts its technology and services to comply with local laws. The company has made significant concessions to operate in China, doesn’t offer FaceTime in the United Arab Emirates, and removes apps from the still-functional Russian App Store at the Russian government’s request. Apple likely pushed back in less public ways in those countries, but in the EU, this public statement appears aimed at rallying its users and influencing the regulatory conversation.

I know what Engst is saying here, and I agree with the sentiment, but this is a bad group of countries to be lumped in together with. That does not mean the DMA is equal to the kinds of policies that restrict services in these other countries. It remains noteworthy how strict Apple is in restricting DMA-mandated features only to countries where they are required, but you can just change your region to work around the UAE FaceTime block.

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