Mobile browsers and cloud gaming

The CMA is carrying out a market investigation in respect of the supply of mobile browsers and browser engines, and the distribution of cloud gaming services through app stores on mobile devices in the UK.

From:
Competition and Markets Authority
Published
10 June 2022
Last updated
18 May 2023 — See all updates
Case type:
Markets
Case state:
Open
Market sector:
Electronics, Recreation and leisure
Opened:
10 June 2022

Administrative timetable

Further update on the Competition Appeal Tribunal (CAT) judgment and subsequent order

9 June 2023: the Court of Appeal has granted the CMA’s request for permission to appeal. The appeal is to be heard on the first available date after 2 October 2023. Until the Court’s judgment, the CMA’s investigation continues to be stayed.

17 May 2023: the CMA applied to the Court of Appeal for permission to appeal the CAT’s judgment and the order of 20 April 2023.

21 April 2023: On 20 April 2023, the CAT made an order setting out the consequences for the market investigation and the obligations on the CMA flowing from the CAT’s judgment. The order can be found on the CAT’s website.

The order suspends the 18-month period the CMA has to prepare and publish its report on the market investigation, with effect from 31 March 2023 and preserves the current position in the market investigation until the CMA’s appeal, if permitted, is determined. The CMA will not progress the market investigation during this time. Market participants are also not be required to take any steps in relation to the market investigation.

On 13 April 2023, the CMA requested permission to appeal from the CAT in relation to the CAT’s judgment of 31 March 2023 in this matter. The CAT refused permission to appeal on 3 May 2023. The order, including its reasons for doing so, can be found at Reasoned Order (Permission to appeal).

Update on Competition Appeal Tribunal (CAT) judgment

31 March 2023: The CAT has handed down a judgment in relation to Apple’s application for review under section 179 Enterprise Act 2002 of the CMA’s decision to make a market investigation reference into the supply of mobile browsers and browser engines, and the distribution of cloud gaming services through app stores on mobile devices in the UK. The CAT has found in Apple’s favour.

The full judgment can be found on the CAT’s website.

A CMA spokesperson said:

“We are disappointed with today’s judgment. We made this market investigation reference to make sure that UK consumers get a better choice of mobile internet services and that UK developers can invest in innovative new apps. Our concerns, and the reasons why we launched our market investigation, were not challenged by Apple.

“Today’s judgment has found there are material constraints on the CMA’s general ability to refer markets for in-depth investigations. This risks substantially undermining the CMA’s ability to efficiently and effectively investigate and intervene in markets where competition is not working well.

“Given the importance of today’s judgment, we will be considering our options including seeking permission to appeal.”

Market investigation reference

Invitation to comment on consumer survey draft questionnaire

15 February 2023: As part of its investigation into mobile browsing and cloud gaming, the Competition and Markets Authority (CMA) has appointed Kantar Public to conduct a quantitative survey of UK consumers who own a smartphone. The below linked Questionnaire notice provides details of the research approach.

We welcome comments on the draft questionnaire to be used in the proposed survey. Comments are due by 5.00pm GMT 22 February 2023.

Responses to the issues statement

Issues statement

13 December 2022: The issues statement outlines initial theories on what might be affecting competition and potential remedies. It doesn’t set out our findings or conclusions. Parties are invited to provide submissions commenting on the issues and possible remedies. The deadline for submissions on the issues statement is Tuesday 17 January 2023.

Invitation to comment on research agencies

1 December 2022: As part of its browsers and cloud gaming market investigation, the CMA intends to carry out research with consumers and web developers. We have identified a number of firms to undertake this research and comments are invited on potential conflicts of interest or any other restriction on the firms’ suitability to carry out the work.

Consumer research: The central objective for the consumer research is to measure and develop our understanding of consumer behaviour in the mobile browser market, with a particular focus on understanding the drivers of browser choice on smartphone devices. We expect the research will involve both qualitative and quantitative research disciplines and we encourage agencies to propose research methodologies which best address our research objectives.

Web developer research: The central objective for the web developer research is to develop our understanding of the experiences of web developers in relation to browsers and browser engines. We believe qualitative research will be most appropriate for this project but again encourage agencies to propose research approaches which best meet our research objectives.

Inquiry group appointed

22 November 2022: The CMA appointed the inquiry group on 22 November 2022. Margot Daly (Inquiry Chair), Robin Foster, Cyrus Mehta and Claire Whyley.

CMA Board advisory steer

22 November 2022: The CMA Board’s advisory steer to the inquiry group can be found below.

Terms of reference

22 November 2022: The terms of reference for the CMA’s investigation can be found below.

Decision document

22 November 2022: The decision document for the CMA’s investigation can be found below.

Case opened

22 November 2022: The CMA has decided to refer the supply of mobile browsers and mobile browser engines, and the distribution of cloud gaming services through app stores on mobile devices (referred to as ‘mobile browsers and cloud gaming’) for an in-depth Phase 2 market investigation.

Responses to the consultation for the proposed market investigation

22 November 2022: Responses can be found on Mobile browsers and cloud gaming: Proposal to make a market reference consultation page.

Our proposal to make a market investigation reference

On 10 June 2022, the CMA published the final report of its market study into mobile ecosystems. In parallel, we are launching a consultation on the proposal to make a market investigation reference into the supply of mobile browsers and mobile browser engines, and the distribution of cloud gaming services through app stores on mobile devices (referred to as ‘mobile browsers and cloud gaming’).

We are now inviting responses to this consultation by 22 July 2022.

The final report of the mobile ecosystems market study can be found on the Mobile ecosystems market study case page.

Personal information

The CMA may collect, use and share personal data for its market investigations under the Enterprise Act 2002. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018.

For more information about how the CMA handles personal information, see the CMA’s Personal Information Charter.

Contact

Please send written representations about any competition issues to general.enquiries@cma.gov.uk.

Published 10 June 2022
Last updated 18 May 2023 + show all updates

  1. Further update on the Competition Appeal Tribunal (CAT) judgment and subsequent order updated

  2. Further update on the Competition Appeal Tribunal (CAT) judgment and subsequent order updated

  3. Update on Competition Appeal Tribunal (CAT) judgment added.

  4. Invitation to comment on consumer survey draft questionnaire published.

  5. Responses to the issues statement published.

  6. Administrative timetable published.

  7. Issues statement published.

  8. Agencies invitation to comment published

  9. Reference decision, terms of reference and board advisory steer published and inquiry group appointed.

  10. First published.

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