Slashdot Mirror


Spotify Files Complaint Against Apple With the European Commission Over 30% Tax and Restrictive Rules (spotify.com)

Spotify today filed a complaint with EU antitrust regulators against Apple, saying the iPhone maker unfairly limits rivals to its own Apple Music streaming service. Spotify CEO Daniel Ek writes in a blog post: In recent years, Apple has introduced rules to the App Store that purposely limit choice and stifle innovation at the expense of the user experience -- essentially acting as both a player and referee to deliberately disadvantage other app developers. After trying unsuccessfully to resolve the issues directly with Apple, we're now requesting that the EC take action to ensure fair competition. Apple operates a platform that, for over a billion people around the world, is the gateway to the internet. Apple is both the owner of the iOS platform and the App Store -- and a competitor to services like Spotify. In theory, this is fine. But in Apple's case, they continue to give themselves an unfair advantage at every turn.

To illustrate what I mean, let me share a few examples. Apple requires that Spotify and other digital services pay a 30% tax on purchases made through Apple's payment system, including upgrading from our Free to our Premium service. If we pay this tax, it would force us to artificially inflate the price of our Premium membership well above the price of Apple Music. And to keep our price competitive for our customers, that isn't something we can do. As an alternative, if we choose not to use Apple's payment system, forgoing the charge, Apple then applies a series of technical and experience-limiting restrictions on Spotify.

For example, they limit our communication with our customers -- including our outreach beyond the app. In some cases, we aren't even allowed to send emails to our customers who use Apple. Apple also routinely blocks our experience-enhancing upgrades. Over time, this has included locking Spotify and other competitors out of Apple services such as Siri, HomePod, and Apple Watch. We aren't seeking special treatment. We simply want the same treatment as numerous other apps on the App Store, like Uber or Deliveroo, who aren't subject to the Apple tax and therefore don't have the same restrictions.

31 of 257 comments (clear)

  1. competition by fluffernutter · · Score: 4, Insightful

    What ever happened to the concept of restricting businesses due to unfair competition? At one time TV networks could not sell products. Surely it works the same for the owner of the whole marketplace?

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    1. Re:competition by e3m4n · · Score: 5, Insightful

      Actually it sounds like the internet explorer case that microsoft lost, but on steroids. Its significantly more egregious since the app store is the gateway to loading software. At least in windows 98/xp the only means of installing software was to download a zip/exe/cab file and run an installer. That precluded the ability to stifle the customers power to install whatever they wanted. They still lost. With the app store, they can not only tell you what you can and cannot install, but also force the vendors to give them a cut of gross sale regardless how razor thin the profit margin is. I really don’t see how it’s much different then the mob showing up in your business and insisting that you buy their fire insurance.

    2. Re:competition by Dog-Cow · · Score: 2

      Apple could fund a 100 lawyers for a 100 years out of petty cash. Multiple fronts isn't going to overwhelm Apple's legal team.

    3. Re:competition by registrations_suck · · Score: 2, Insightful

      Apple makes a phone and sells music services on it.

      Spotify could make a phone and sell music services on it too. But instead, it wants to JUST sell its music services, and ride on the coattails of someone else who bothers to make the hardware to make that possible.

      On a related note...Spotify of course doesn't make the music either. It is just a middle man. It wants to connector creators and consumers, and charge a Spotify tax to SOMEBODY (either users who pay, or advertise), to make use of its marketplace. Sound familiar?

    4. Re:competition by chiefcrash · · Score: 4, Interesting

      Apple makes a phone and sells music services on it.

      Spotify could make a phone and sell music services on it too. But instead, it wants to JUST sell its music services, and ride on the coattails of someone else who bothers to make the hardware to make that possible.

      On a related note...Spotify of course doesn't make the music either. It is just a middle man. It wants to connector creators and consumers, and charge a Spotify tax to SOMEBODY (either users who pay, or advertise), to make use of its marketplace. Sound familiar?

      Microsoft makes an operating system and gives away a web browser with it. Netscape could make a computer operating system and give away web browsers too. But instead, it wants to JUST give away its web browser, and ride on the coattails of someone else who bothers to make the operating system to make that possible...

      On a related note.... Netscape of course doesn't make the websites either. It is just a middle man...

      Sound familiar?

      --
      Show me on the 1st Amendment bobblehead where the moderator touched you...
    5. Re: competition by reanjr · · Score: 2

      The big difference is Windows marketshare was significant enough to be talked about as a monopoly.

      Apple's not even the market leader.

    6. Re:competition by drinkypoo · · Score: 2

      Apple makes a phone and sells music services on it.
      Spotify could make a phone and sell music services on it too.

      No, they could not reasonably make their own phone. Without access to someone else's app store, it would be dead in the water — lack of apps is what killed Windows Phone. Apple and Google are sucking all the air out of the room, and consumers have to be protected from the consequences of that fact. This isn't just about Spotify.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:competition by DRJlaw · · Score: 5, Insightful

      Apple makes a phone and sells music services on it.

      Spotify could make a phone and sell music services on it too. But instead, it wants to JUST sell its music services, and ride on the coattails of someone else who bothers to make the hardware to make that possible.

      That's a bit of revisionist history.

      Apple makes a phone and launches a store that is the only way for non-enterprise, non-developer customers to load software upon it. Apple invites essentially all comers to the store, which is governed by generally applicable rules. It's 2007.

      Spotify launches a music service and an app through the Apple store. It's 2008. Apple sells music services -- through iTunes, which is automatically present on the phone -- that do not include streaming music services.

      Apple launches streaming music services -- through the Music app, which is automatically present on the phone -- that includes streaming music services. It's 2015. Spotify has been in this space on this device for 7 years.

      Apple's music app is not subject to the same pricing structure -- Apple simply matches the Spotify service fee without the overhead of paying itself 30% -- and is marketed by email to all Apple ID holders, something Spotify itself cannot do.

      But instead, it wants to JUST sell its music services, and ride on the coattails of someone else who bothers to make the hardware to make that possible.

      They were invited in. Then Apple leveraged its dominance in the platform to make special, anticompetitive rules for itself and expand into that line of business. There are terms for bodies of law that govern that. I believe that they include antitrust (U.S.) and competition law (E.U.).

      On a related note...Spotify of course doesn't make the music either. It is just a middle man. It wants to connector creators and consumers, and charge a Spotify tax to SOMEBODY (either users who pay, or advertise), to make use of its marketplace. Sound familiar?

      Nope - not remotely familiar. Spotify doesn't impose special rules on the content of music based whether the artist is a Spotify employee (or partner) or not. Spotify doesn't function as a creator and a connector self-interested in promoting itself to the detriment of other creators. Spotify doesn't have a fee structure that requires artists to pay it substantially more than it pays itself to distribute creations through the service.

      I'm not convinced by your argument at all. European authorities will not be either.

    8. Re:competition by JBMcB · · Score: 2

      What ever happened to the concept of restricting businesses due to unfair competition? At one time TV networks could not sell products. Surely it works the same for the owner of the whole marketplace?

      Those laws only kick in if the behavior is harming the consumer directly. Can a consumer easily get Spotify on other devices? Yes? Then there's no problem.

      The converse to your idea would be any fly-by-night smart device manufacturer should be able to *force* Spotify to develop an app for their platform. Otherwise it's unfair, right?

      --
      My Other Computer Is A Data General Nova III.
  2. Re:Be brave by fluffernutter · · Score: 4, Insightful

    You can't seriously think an app business can survive without having their app on iPhones.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  3. Re:Art of text by e3m4n · · Score: 2

    I am unaware of the legal parameters of Apple tax, so this question could already be answered, but what about apps that are free to download in the App Store that require you to login with your credentials? Like pandora or slingTv. If Pandora does their own billing externally, Apple can’t demand a cut of that can they? If they can that would be very disturbing, because what’s to keep Apple from demanding a cut of my pay since I use an app for my banking software and I pay my bank to hold my money. That would be a loophole that would allow Apple to demand a cut of every bill I pay from my phone. I’m sure those greedy bastards are probably dreaming up a way to pull that off

  4. Re:Art of text by ConfusedVorlon · · Score: 2

    The EU has been pretty broad in the past in terms of how they interpret anti-competitive behaviour.

    This certainly seems like the kind of thing they could go with. It's one thing for Apple to demand a cut when they manage the payment; But denying apps from using any other payment method (or even linking to a web page that offers payment functionality) may be a step too far...

    And the EU can fine up to 10% of annual turnover, ~$25 Billion

  5. Re:boohoo by Cmdln+Daco · · Score: 2

    Laws are meant to protect us all from predatory behavior.

    That you feel the need to belittle this to a 'daddy' situation shows that you are firmly aligned with Apple.

    Why not log on and make your comment?

  6. I don't think they take an cut of public transport by Joe_Dragon · · Score: 2

    I don't think they take an cut of public transport tickets or it's well under 30% as the government has power to set an max fee.

  7. Re:What do you expect from an American company by jellomizer · · Score: 2

    A business from any country will engage in protectionism. I never had worked a software company that said. Here you go, take this code, we will show you how to use it, and give you training classes, all targeted so you can make a competing product with it.

    Now the US has a problem as there is a vocal group of people who see any sort of corporate regulation as "OMG COMMUNISM!111!!!!!" which in general has made the amount of regulation in US Based companies low, allowing for a lot of bad behaviors.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  8. Re:Divide hardware and services and content by thereddaikon · · Score: 2

    Not only is it sarcasm, its wrong and stupid. Car manufacturers don't make all the parts for their cars. And aside from the Benz Patentmotorwagen probably never have. Cars have many parts suppliers behind them, Delco, Bosch and Denso to name a few off the top of my head.

  9. There is no 30% tax by gnasher719 · · Score: 2, Insightful

    Apple has exactly the same terms for everyone. If you sell your product including in-app purchases through Apple, you get 70% of the official price. Apple doesn't keep 30%, they have to pay credit card fees, carry the cost of gift cards that stores pay less than 100% face value for, and so on. They host your app on the store, and they supply all the in app purchases.

    And there is a very simple way to get around the payment, which Netflix chose to use and which everyone else is free to use: Don't sell through your app and through the app store. Create a website, and handle the purchases yourself. I worked for a company that did that (same price through in-app purchase and through the website, we kept more money from the website), Netflix does it, everyone can do it.

    I have an app on the store that I wrote just for fun, and it makes a little bit of money. If I had to sell it myself I wouldn't get a penny. (I hate advertisements, so I refuse to add advertisements). Nice thing about Apple is that they treat me exactly the same as Spotify. So I'd tell Spotify to p*** right off.

    1. Re:There is no 30% tax by Orphis · · Score: 3, Interesting

      You didn't read the article.

      The problem isn't doing a website and host your own payment platform for your service, but it is that Apple prevents any company from contacting their own customers about payment options that are not linked to Apple.

      Even if you create a Free Spotify account, on another platform, use it on your iDevice, then Apple can tell you that you have breached the developer terms of service if you contact them with an email saying they could upgrade to premium on your website.

      The margins in this business are thin, and honestly, I wouldn't be surprised if Apple made more money from the 30% tax (all expenses accounted for) than Spotify providing the actual service. And that's with Apple providing their own competing service too which isn't limited to those ridiculous rules (and honestly would be surprising if they made a profit too, but that's not an issue for Apple to operate this at loss anyway).

    2. Re:There is no 30% tax by ilsaloving · · Score: 3, Insightful

      So apparently you missed the part, in the summary no less, that Apple places technical restrictions in your app if you don't go through their payment system?

      Apple Music doesn't have to take a 30% hit to run on an iOS. Apple apps get additional benefits and integration that no other competitor is allowed to achieve even if they follow the rules.

      This is pure anti-competitive behaviour, pure and simple. They were able to get away with this before when they were too insignificant to be worth bothering with. Apple is now a serious player and shouldn't be allowed to get away with these shenanigans anymore.

    3. Re:There is no 30% tax by aaarrrgggh · · Score: 2

      We aren’t talking rocket science here— yesterday I went into the Netflix app, noticed I couldn’t change billing info, so I went to their website. If you can’t figure that out then life has bigger challenges.

      I am curious if it would be construed as more anti-competitive if large developers got better rates on in-app purchases and subscriptions. 30% is a big hit to large players, but less so for mid sized and small developers.

  10. Re:Art of text by gnasher719 · · Score: 2

    Apple gets no money if a company sells through its website. Apple pays out 70% (and doesn't keep 30% because there is cost involved) of the purchase price of the app, and of _in app purchases made through the app store_.

    I don't know how far Netflix has transitioned their sales, but eventually Apple will not get a penny from Netflix. The app costs zero and Apple keeps 30% of zero. Purchases through the Netflix website, Apple gets zero. The only restriction is that you can't advertise your website through the app.

  11. Amazon's annual fee and small order fee by tepples · · Score: 4, Informative

    Summary of fees to sell physical goods on Amazon:

    - $480 per year for a seller to be on its platform
    - 15 percent of each order's total, including shipping but excluding sales tax, or $1.00 per order, whichever is higher
    - 3 percent of sales tax

    Apple charges each seller only $99 per year, and it has no $1 minimum fee per order. I imagine the $1 minimum fee has something to do with credit card and ACH debit processors taking a 30 cent fee per transaction.

    Paid apps and in-app purchases on Amazon Appstore have a similar fee structure to Apple (source), though without the $99 per year fee:

    - 20 percent for movie and TV subscription IAPs within Android apps
    - 30 percent for paid apps and all other IAPs, including paid Alexa skills

    1. Re:Amazon's annual fee and small order fee by Sebby · · Score: 4, Informative

      Just because “Amazon and Google do it too” doesn’t make it any more right.

      --

      AC comments get piped to /dev/null
  12. Re: Art of text by Harlequin80 · · Score: 4, Informative

    Not really.

    Apple is trying to have its cake and eat it too.

    Apple can either be the gateway to ios or it can be the music provider. But being both is anticompetitive.

    If apples service can compete with a 1.3 multiplier then ok. But not ok without.

  13. Some clarification by dreamstateseven · · Score: 2
    As someone who uses both the Apple ecosystem, and Spotify, I don't feel this article is very forthcoming -- and isn't painting a complete picture.

    Apple requires that Spotify and other digital services pay a 30% tax on purchases made through Apple's payment system, including upgrading from our Free to our Premium service.

    I made an account on their webpage, and signed up to pay them via PayPal. I'm sure PayPal is taking a cut. I certainly believe it's nowhere near 30%, but you're not "forced" to use Apple's payment system for the one type of payment transaction you're going to do.

    As an alternative, if we choose not to use Apple's payment system, forgoing the charge, Apple then applies a series of technical and experience-limiting restrictions on Spotify.

    I have an account setup, I download the Spotify App from the App store -- and this is claiming that because I didn't pay via Apple that I am limited? Bullshit. Any limitation is there either way.

    For example, they limit our communication with our customers -- including our outreach beyond the app. In some cases, we aren't even allowed to send emails to our customers who use Apple.

    Again, citation needed. If you sign up via the web, you can easily get a user's email.

    Apple also routinely blocks our experience-enhancing upgrades. Over time, this has included locking Spotify and other competitors out of Apple services such as Siri, HomePod, and Apple Watch.

    Sure, you don't get the best integration with the ecosystem. I'll totally concede this. But Apple Watch now can control the Spotify app with effectively the same level of control it gives to Apple Music. Siri can control Spotify, but you can't speak out artists and the like. So Apple isn't locking them out, but again I fully concede that they are hindering the experience.

    1. Re:Some clarification by jonwil · · Score: 2

      In regards to email, the problem Spotify has is that there is a rule whereby a developer of an iOS app is not allowed to provide information to those users about methods of payment for digital services that don't go through Apple. And this rule apparently means Spotify can't email anyone who has ever used the iOS app if those emails contain information on how to buy anything from Spotify.

  14. doesn't this so called Apple tax by doginthewoods · · Score: 2, Interesting

    include payments to the people who wrote and played the songs? Spotify, being yet another business that doesn't want to pay for the music, really should shut up about this. At least Apple pays something that isn't so meager as to be an insult.

    --
    Republican leadership = Idiocracy
  15. Re:What do you expect from an American company by jellomizer · · Score: 2

    Actually I am a moderate, with right leaning tenancies. However, there is a difference between excessive regulations, and needed ones. The lesa fair economy creates a high volatility in the market, big highs, and big lows. When we are in a big high, we do not want to find ways to slow down, when we are down, we are trying to rush to bring things back up.
    Yes the United States is still an innovation center, with it combination of (dare I say Socialist like protections) laws that promote development, like a rather forgiving Bankruptcy Laws, and Social Safety Net to prevent someone from failing too hard, that they cannot try again. We are also host to some of the worlds top Higher Education Centers, Colleges and Universities.
    However After Apple started up the the garage, and now is the worlds largest company. The Lesa Fair method, will cause apple to feed into itself. And give it unfair competition against the other innovation that is going outside of it, and using its size to crush it. And companies like Apple, are so big that they span many types of services, so they are in an odd condition where they need to compete and partner with the same company. Because enough people like Spotify, Apple will need to support it, in order to sell its devices, because they will sell less without it. However Apple also wants to push its streaming music service, and that business unit is the one who also handles the payments. So they will make a platform designed to be great for Spotify to use, however cause it to be non-competive because of business redtape.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  16. Re:"monopoly"? by drinkypoo · · Score: 2

    Why "should" Apple do any of the things you want?

    Because otherwise, they stifle competition.

    Who determines "should"?

    The People, through their elected representatives.

    Last I thought about the issue,

    Was never.

    access to an app store and the terms of such access (which by the way didn't even exist almost 10 years ago) wasn't a public utility or good with an expectation of fairness of pricing or in modification of terms.

    The App Store is a market. Only free markets benefit The People. Apple is a legal fiction which only exists at the pleasure of The People. Ironically, you can't have a free market without government interference.

    Under what right does one claim that Apple (or any ecosystem platform) has to do anything beyond what is regulated in the payment and terms of operation?

    Under the right of self-governance.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. Re:Divide hardware and services and content by Spamalope · · Score: 2

    More like they require gas purchases to pay 30%. And DRM the gas fill, such that the car computer tracks fillups with a toner cartridge like 'tracker' via NFC in the nozzle that authorized the next tank of miles. No 30% payment, and the activates limp mode until you pay a 'reactivation' fee. Maybe they can pretend safety features require a subscription paid per gallon, and put the car in limp mode as a 'safety precaution' because the safety features are disabled.

    Hmm, sounds like cars aren't being 'fully monetized' yet...
    Back to the lair for some marketing work!

  18. Re:What do you expect from an American company by lgw · · Score: 2

    The lesa fair economy

    "Laissez-faire": literally "let do", but idiomatically "hands off".

    And, yes, laissez-faire capitalism is silly, and "no regulations at all" is not a principle of capitalism.

    --
    Socialism: a lie told by totalitarians and believed by fools.