Apple's App Store Subscription Policies Raise Antitrust Issues as Content Providers Fume

100956 in app purchase icon

With Apple's announcement yesterday of new App Store subscription offerings and policies requiring all content providers to offer at least the option of in-app subscriptions at the same prices as external options, questions have been raised about how providers will respond to the likelihood that significant numbers of customers will likely choose options that require them to hand over 30% of their revenue to Apple.

The Wall Street Journal explores possible antitrust issues, with experts noting that any such case would hinge on the definition of the market, as that would determine how dominant Apple's position is in it.

"My inclination is to be suspect" about Apple's new service, said Shubha Ghosh, an antitrust professor at the University of Wisconsin Law School. Two key questions in Mr. Ghosh's mind: Whether Apple owns enough of a dominant position in the market to keep competitors out, and whether it is exerting "anticompetitive pressures on price."

Experts note that publishers might be able to argue that tablet devices constitute the market for their offerings, and Apple's dominance in that market could subject it to antitrust investigation. But a broader market encompassing the entire App Store ecosystem and thus smartphones and tablets in their entirety would likely not raise red flags due to Apple's much smaller share of that larger market.

"Millions will be spent litigating how broad the market is," said Herbert Hovenkamp, an antitrust professor at the University of Iowa College of Law.

Mr. Hovenkamp said digital media is the most plausible market. He said he doubted that Apple, currently, has a sufficiently dominant position in that market to warrant antitrust scrutiny.

All eyes are of course also on the content providers themselves, who would have to raise prices by 43% in order to provide Apple with a 30% cut and still maintain their existing income, should all transactions shift to in-app subscriptions.

While many content providers have yet to respond publicly to Apple's announcement as they weigh their options, music streaming service Rhapsody spoke out yesterday, noting that it will be talking with other companies in its same position in "determining an appropriate legal and business response to this latest development."

Our philosophy is simple too - an Apple-imposed arrangement that requires us to pay 30 percent of our revenue to Apple, in addition to content fees that we pay to the music labels, publishers and artists, is economically untenable. The bottom line is we would not be able to offer our service through the iTunes store if subjected to Apple's 30 percent monthly fee vs. a typical 2.5 percent credit card fee.

Publishers of existing App Store applications have until June 30th to comply with Apple's new policies.

Popular Stories

Apple Logo Spotlight

Report: Apple to Launch These New Products in 2026

Sunday November 2, 2025 5:34 am PST by
Apple is planning to launch at least 15 new products in 2026, according to Bloomberg's Mark Gurman. Gurman outlined what to expect from Apple in 2026 in the latest edition of his "Power On" newsletter. He said the company is heading "into one of its most pivotal years in recent memory," with the rollout of major new Apple Intelligence features, intense regulatory pressure on the App Store,...
ios 26 1 slide to stop

iOS 26.1 Brings Back 2007 Feature in New Way

Friday October 31, 2025 1:40 pm PDT by
The upcoming iOS 26.1 update includes a small but helpful change for iPhones, and it could prevent you from running late to something important. Specifically, when an alarm goes off in the Clock app, there is a new "slide to stop" control on the screen for turning off the alarm. On previous iOS 26 versions, there is simply a large "stop" button, which could be accidentally tapped. The new ...
Apple Intelligence General Feature 2

New Version of Siri to 'Lean' on Google Gemini

Sunday November 2, 2025 6:06 am PST by
In his "Power On" newsletter, Bloomberg's Mark Gurman today provided an update on the status of Apple Intelligence and the plans for it in 2026. Apple is still planning to roll out its revamped version of Siri around March of next year. The release should be accompanied by the release of a new smart home display product with speaker-base and wall-mount options. A new Apple TV and HomePod...
HomePod mini and Apple TV

New Apple TV and HomePod Mini Likely Launching Soon

Sunday November 2, 2025 5:49 am PST by
A new Apple TV and HomePod mini could launch as soon as this month, Bloomberg's Mark Gurman today suggested. In today's "Power On" newsletter, Gurman said that Apple retail stores are planning an overnight refresh on the evening of November 11, where changes will be made after closing, such as refreshing displays and placing new products for the following day. The timing of the overnight...
Apple Foldable Thumb

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Friday October 31, 2025 8:52 am PDT by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Below, we've collated an updated set of key details that have been leaked about Apple's foldable iPhone so far. Ove...
M5 MacBook Pro

Waiting for New Macs? Apple Just Shared Bad News

Friday October 31, 2025 7:32 am PDT by
Apple has just given a strong indication that it will not be releasing any additional new Macs for the remainder of the year. Apple's CFO Kevan Parekh dropped the hint during the company's earnings call on Thursday:On Mac, keep in mind, we expect to face a very difficult compare against the M4 MacBook Pro, Mac mini, and iMac launches in the year-ago quarter.Parekh essentially gave a heads up ...
iOS 26

6 New Things Your iPhone Can Do in iOS 26.1

Wednesday October 29, 2025 4:22 am PDT by
Apple is about to drop iOS 26.1, the first major point release since iOS 26 was rolled out in September, and there are at least six notable changes and improvements to look forward to. We've rounded them up below. Apple has already provided developers and public beta testers with the release candidate version of iOS 26.1, which means Apple will likely roll out the update to all compatible...
iOS 26

Apple Releases iOS 26.1 With Liquid Glass Toggle, Slide to Stop Alarm, New Apple Intelligence Languages and More

Monday November 3, 2025 1:11 pm PST by
Apple today released iOS 26.1, the first major update to the iOS 26 operating system that came out in September, iOS 26.1 comes over a month after iOS 26 launched. ‌iOS 26‌.1 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings > General >...
Coffee Burgundy and Purple iPhone 18 Pro Mock 1

Leaker Outlines Potential New Colors for iPhone 18 Pro

Friday October 31, 2025 8:28 am PDT by
Apple's iPhone 18 Pro models could be available in new rich and warm color option, according to a known leaker. The Weibo user known as "Instant Digital" today suggested that next-year's iPhone 18 Pro models will be available in at least one of the following color options: Coffee, purple, and burgundy. The iPhone XR, iPhone 11, iPhone 12, iPhone 14, and iPhone 14 Pro were all available in ...