He also argued that Apple’s approach explicitly violates the DMA’s Anti-Circumvention provision that forbids subdividing a platform’s market share to avoid regulation. The provision says those providing core platform services “shall not segment, divide, subdivide, fragment or split those services through contractual, commercial, technical or any other means in order to circumvent the quantitative thresholds laid down in Article 3(2).”
This quote is plainly incorrect. Apple hasn’t fragmented their browsers in order to circumvent thresholds that didn’t even exist; each OS gets a separate version for clearly legitimate reasons. The legal question is if they are separate enough to count separately, which at the very least isn’t an absurd argument to make.
No it depends on how you interpret it. Apple may have legitimate reasons for technical differences between the different versions of Safari. The issue would be if Apple is claiming they are more different than they really are to say they don’t count as one when calculating market share.to.determine whether regulation applies.
Mozilla Forefpx has different versions for Android, and Desktop. So does Chrome. But in terms of marketshare generally people class them as one browser.
This quote is plainly incorrect. Apple hasn’t fragmented their browsers in order to circumvent thresholds that didn’t even exist; each OS gets a separate version for clearly legitimate reasons. The legal question is if they are separate enough to count separately, which at the very least isn’t an absurd argument to make.
No it depends on how you interpret it. Apple may have legitimate reasons for technical differences between the different versions of Safari. The issue would be if Apple is claiming they are more different than they really are to say they don’t count as one when calculating market share.to.determine whether regulation applies.
Mozilla Forefpx has different versions for Android, and Desktop. So does Chrome. But in terms of marketshare generally people class them as one browser.