OK, I Have More to Say About Antitrust
May. 3rd, 2021 12:35 pmI don’t think you need to worry about linkage here. I’m just going to yammer on for a bit.
In our country, antitrust actions can be brought by the government, or they can be brought by a competitor (there might be additional mechanisms, like, for all I know a consumer could bring an action. I am not a lawyer; this is not legal advice). The first and only really important component of antitrust is the definition of the market (did you see where I said, I Am Not a Lawyer, This Is Not Legal Advice). If you can get the definition of the market to be what will benefit your side of the dispute, you will win. But it has to be defensible as the thing winds its way through layers of the court system, because in order for you to convince any judge at all — even a quite biased and/or crazy one — that the company you targeted is engaging in trust type shenanigans, you have to show that they have power, and if they have power, then they will come back around for another bite out of this thing.
If you go after someone for trust-like behavior via the courts (and I am NOT going to talk about alternatives here), then you must _also_ have a great deal of power — these sorts of actions, whether brought by the government or brought by a competitor are expensive and uncertain. Part of the uncertainty comes from how that market definition thing works out.
Looking at Epic / Apple and Epic / Google, one is forced to conclude that (a) Epic has picked its _smallest_ market (in terms of gamer dollars coming in for Epic). I am sure that Epic will be portraying this as Woe R Us I mean See They Took a Huge Cut, but as I noted, the numbers are such that if accurate, 30% is not going to move Apple or Google up into the Top 3 outlets for Epic Games in terms of money back to Epic.
One of the recent responses to Epic / Apple and Epic / Google, and the Epic / Steam thing (which is probably at the heart of this entire struggle among titans) is Microsoft reducing its revenue share. Commenters on Epic / Apple have wondered what the possible desired relief could look like and some somewhat snarkily suggested that the court might order a different revenue share, but what would it be, when the entire market was where Apple was in terms of percentages. Well, that’s not really true any more.
I have extended periods of time in the course of my life when I feel quite negative about people and their motivations and goals. At times like that I sit around and wonder if Epic’s goal here is to take away the Beautiful Walled Garden that is the App Store and the Apple Universe. I know my husband prefers the more open universe of the Squish (and my daughter has gone over to the dark side as well), and my son prefers the simplicity of Chrome and Chromebooks. I, personally, am quite satisfied to live in a multi-platform household, while personally using Apple hardware and a variety of services and other hardware from other platforms (kindles, kindle fire, Portals, Alexa devices, Nest, etc.). I don’t think that is Epic’s goal in my more sane moments; I think Epic is attempting to deploy its cross-platform power to improve its negotiating power on each of those platforms individually. And as long as, like Taylor Swift, they cover this behavior with efforts to Look Out for the Little People As Well, I am mostly okay with that.
However, there is just no guarantee that the court, or, separately, the DOJ, won’t look at Epic’s behavior and think something very different from what I think. Epic better make damn sure that not only are the Little Game Producers benefitted by their maneuvering, but that consumers get lower prices as well.
In our country, antitrust actions can be brought by the government, or they can be brought by a competitor (there might be additional mechanisms, like, for all I know a consumer could bring an action. I am not a lawyer; this is not legal advice). The first and only really important component of antitrust is the definition of the market (did you see where I said, I Am Not a Lawyer, This Is Not Legal Advice). If you can get the definition of the market to be what will benefit your side of the dispute, you will win. But it has to be defensible as the thing winds its way through layers of the court system, because in order for you to convince any judge at all — even a quite biased and/or crazy one — that the company you targeted is engaging in trust type shenanigans, you have to show that they have power, and if they have power, then they will come back around for another bite out of this thing.
If you go after someone for trust-like behavior via the courts (and I am NOT going to talk about alternatives here), then you must _also_ have a great deal of power — these sorts of actions, whether brought by the government or brought by a competitor are expensive and uncertain. Part of the uncertainty comes from how that market definition thing works out.
Looking at Epic / Apple and Epic / Google, one is forced to conclude that (a) Epic has picked its _smallest_ market (in terms of gamer dollars coming in for Epic). I am sure that Epic will be portraying this as Woe R Us I mean See They Took a Huge Cut, but as I noted, the numbers are such that if accurate, 30% is not going to move Apple or Google up into the Top 3 outlets for Epic Games in terms of money back to Epic.
One of the recent responses to Epic / Apple and Epic / Google, and the Epic / Steam thing (which is probably at the heart of this entire struggle among titans) is Microsoft reducing its revenue share. Commenters on Epic / Apple have wondered what the possible desired relief could look like and some somewhat snarkily suggested that the court might order a different revenue share, but what would it be, when the entire market was where Apple was in terms of percentages. Well, that’s not really true any more.
I have extended periods of time in the course of my life when I feel quite negative about people and their motivations and goals. At times like that I sit around and wonder if Epic’s goal here is to take away the Beautiful Walled Garden that is the App Store and the Apple Universe. I know my husband prefers the more open universe of the Squish (and my daughter has gone over to the dark side as well), and my son prefers the simplicity of Chrome and Chromebooks. I, personally, am quite satisfied to live in a multi-platform household, while personally using Apple hardware and a variety of services and other hardware from other platforms (kindles, kindle fire, Portals, Alexa devices, Nest, etc.). I don’t think that is Epic’s goal in my more sane moments; I think Epic is attempting to deploy its cross-platform power to improve its negotiating power on each of those platforms individually. And as long as, like Taylor Swift, they cover this behavior with efforts to Look Out for the Little People As Well, I am mostly okay with that.
However, there is just no guarantee that the court, or, separately, the DOJ, won’t look at Epic’s behavior and think something very different from what I think. Epic better make damn sure that not only are the Little Game Producers benefitted by their maneuvering, but that consumers get lower prices as well.