Google and Apple’s upcoming regulatory headaches are spreading across the Pacific

Apple’s commissions, for example, reach up to 30% on some purchases made through the company’s platform, and developers say they have no choice but to meet them, as Apple does not allow customers to download applications from no other source than the official store of the company. .
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Lawmakers have been reviewing an amendment to the Telecommunications Business Act, which would prohibit app store operators from “unfairly using their market position to force a certain form of payment” on companies. Once enacted, violators could receive a fine of up to 3% of their annual sales, in addition to up to 300 million Korean won ($ 257,000) in penalties.

The bill was expected to be put to a vote on Monday, but the parliamentary session was abruptly postponed.

If the law is passed, developers will be able to select the payment systems that will be used to process purchases from the app, meaning they will be able to avoid the heavy charges imposed by the two longtime leaders.

South Korea is not the only country in the region examining the two companies. On Monday, Australian Treasurer Josh Frydenberg called for new regulations on digital payments.

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“Digital wallets like Apple Pay and Google Pay are used to make contactless payments just like debit cards issued by a bank, but the parties are subject to different regulatory configurations,” he wrote in a post in The Australian Financial Review .

“If we do nothing to reform the framework, it will be Silicon Valley that will determine the future of a critical piece of our economic infrastructure.”

A beer battle

The bill, which is being closely followed internationally in South Korea, could pave the way for similar actions elsewhere. There is numerous research on the application ecosystem already underway worldwide, including in Europe and the UK.

The South Korean proposal has been dubbed the country’s “anti-Google law,” as politicians argue that the Silicon Valley giant has taken advantage of his long-term dominance in the field and unimportant developers.

In July, South Korean lawmaker Jun Hye-sook urged parliament to move the bill forward quickly and called it “a law to prevent Google from dominating.” [its position] above others “and a measure that” would protect IT developers from the platforms that dominate them. “

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According to the most recent government study available, Google (GOOGL) i apple (AAPL) earned about $ 5 billion and nearly $ 2 billion, respectively, in each of its app stores in South Korea in 2019.

Both companies have responded, arguing that the law could harm app developers and consumers in the long run.

“While the law has not yet been passed, we are concerned that the hasty process has failed to adequately analyze the negative impact of this legislation on Korean consumers and application developers,” said Wilson White, senior director Google Public Policy. a statement.

“If passed, we will review the final law when it is available and determine how best to provide developers with the tools they need to build successful global businesses while providing a safe and reliable consumer experience.”

A Google Play Store icon that appears on the screen of a smartphone.

Apple said the measure “would put users who buy digital goods from other sources at risk of fraud, undermine their privacy protections, make it difficult to manage their purchases and features such as” Question to buy “and parental controls. they will be less effective. ”The tools refer to the protections the App Store has implemented so parents can better monitor activity on their families’ accounts.

According to Apple, there are more than 482,000 registered app developers in South Korea and they have earned more than 8.55 trillion Korean won ($ 7.3 billion) so far with the iPhone maker.

“We believe that user confidence in App Store purchases will decrease as a result of this proposal, which will result in fewer opportunities for [them]”, he added in a statement.

However, South Korean Communications Commission chairman Han Sang-hyuk argues that new rules are needed as the platforms continue to exert their “influence”.

“These app market operators are gaining controlling power in the market. It becomes necessary to regulate them,” he told lawmakers last week.

Mounting pressure

Last week, Apple announced concessions to U.S. developers, saying it would relax some restrictions on how iPhone app makers could communicate with customers outside of their App Store.

On Thursday, the company said that “developers can use communications, such as email, to share information about payment methods outside of their iOS app,” as long as users consent to the receipt of those emails and have the right not to participate.

The move gives developers more leeway to collect payments from their customers without having to pay Apple’s commission for in-app purchases. It emerged as part of a proposed settlement in a class action lawsuit filed in 2019.

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Apple and Google app store rates have come under increasing scrutiny as lawmakers and regulators have narrowed their dominance over iOS and Android operating systems.

Earlier this month, a U.S. Senate bipartisan bill also targeted both players in an attempt to ban restrictions on app developers.
Currently, the iPhone manufacturer’s commissions are at the center of several legal disputes, including an independent lawsuit by one of Apple’s largest developers: Epic Games.
Apple has taken steps to contact developers, announcing last November that it would reduce the fees it charged them from 30% to 15% if the developer earned less than $ 1 million the previous year.

– Yoonjung Seo, Gawon Bae, Rishi Iyengar, Brian Fung and Lauren Lau contributed to this report.

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