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Comment by neximo64 | Hacker News Reader

None of these stop the % commission they merely say it has to be applied fairy and equally. The fees aren't a gatekeep since everyone has the same treatment and no one is being 'gatekept'

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The law will require to allow third-party app stores. If Apple decides to impose 27% tax on everything sold in the third-party app store then I'm sure other EU competition laws will kick in. As Apple will be explicitly using their power to make direct competition non-viable.

Also, EU does not need to spell everything explicitly. The law will give the EU Commission a lot of executive power to respond to this type of shenanigans from gatekeepers.

Article 7, compliance with obligations for gatekeepers, paragraph 2:

Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. (...)

Article 10, updating obligations for gatekeepers, paragraph 1:

The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.

None of that gets around the fact that the 27% can be defined as the licence fee for intellectual property. There’s no principle of capitalism that allows someone else to compete with you on the sale of your own goods.

EU already forced visa and mastercard to lower their fees, this is exactly the same kind of scenario. EU doesn't tolerate giant companies making themselves into a bottleneck so they can extract more money from the economy.

A good start for interpreting EU law is to let go of the US literal view of the law and to start looking at the intent of the law. That's a much better predictor for how EU courts will rule.

I am from an EU country, and studied law. It doesn't work the way you're saying in court.

Ah, the appeal to authority. To me your just another anonymous commenter on HN. Really, I couldn't care less, every lawsuit has lawyers on both sides and half of them will lose their case, but will maintain that their customer was right all along and that they will now appeal and then when they run out of appeals they quietly slink off into the dark with their money.

EU anti-competitive law has been tested in court time and again by the big telcos and as a rule they have lost every time they tried to get smart with words.

Apple will - I predict - fare no different.

Whilst my appeal may be to authority yours is based on what you feel is right and wrong and that isn't the same as how the law works. In fact it's built to work against what a consumer feels to what that is fair. You might not like it but fair is tilted towards the large company not the consumer in the EU, especially when it comes to a company making profit.

The big telcos btw always win, but always makes the consumer happy. Have looked at Orange do this countless times.

Why don't you tell me about how happy you feel the EU is green, and then i'll tell you how happy European companies are 'green' now includes natural gas. Both sides win I suppose.

> The big telcos btw always win

You are factually incorrect, if you really did study law you likely did not finish the course.

I was waiting for this, you have basically gone for an ad hominem, which is how basically you fail to win an argument.

I am assuming from the 'where you sit is where you stand' principle that you are from the Netherlands. I can understand how it can be seen as a bit of a defeat this ruling by Apple and their reaction; the expectations were more of a win. Maybe a 3% discount off 30% is a minor improvement.

Focus on the facts and not the person. Again this is why you are letting your opinion of Apple be dictated by your feelings, and this is why you can't win against them with this mindset.

Btw for someone in my profession to get this is a great thing so I will take the compliment. It is seen as the other person breaking not to have a good argument ;-)

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