Nearly three weeks ago, we reported that London's Court of Appeal had ruled against Apple and in favour of the UK’s Competition and Markets Authority (CMA), allowing the CMA to reopen their Browser and Cloud Gaming Market Investigation. There was a 21 day grace period before that investigation could restart to allow Apple to respond.
30 November 2023: In a unanimous judgment (available on the National Archives website), the Court of Appeal has determined that the CMA’s decision to make a market investigation reference in relation to the market for mobile browsers and cloud gaming was lawful, setting aside the CAT’s judgment of 31 March 2023.
Consequently, the Court has ordered that the market investigation will continue to be suspended until permission to appeal (if sought) has been determined and an additional 21 days has lapsed. – Competition and Markets Authority
That 21 days has now passed, and no permissions to appeal were received, and as such the CMA will restart their investigation in the new year.
18 December 2023: the deadline for Apple to seek the Court of Appeal’s permission to appeal the Court’s decision has now lapsed, therefore in accordance with the Court’s order dated 30 November 2023, the market investigation will recommence on 24 January 2023. Further updates will follow in due course. – Competition and Markets Authority
Our previous article covers why this investigation is so important for protecting consumers in the UK.
Once the investigation reopens, you can be sure we'll be covering everything the CMA learns, so stay tuned to our social media.