The CMA's consultation on steering conduct requirements for Apple and Google

Which? welcomes the opportunity to comment on the CMA’s proposed steering conduct requirements for Apple and Google's mobile ecosystems.

Overall, we support the CMA’s proposed introduction of Conduct Requirements (CRs) that allow app developers to steer consumers outside of Apple and Google’s in-app payment systems, but we are concerned that steering fees could remain unfairly high. We agree that effectively allowing steering will increase commercial choices for developers and the competitiveness of their digital content and services. This will in turn benefit consumers who will benefit from more choice of higher quality digital services at lower prices.

We have recommendations for how to improve the design of the intervention, such as foregoing the need for both side-by-side payment screens and an interstitial screen, but generally support the CMA seeking to balance the need for user information while minimising friction for steered transactions.

Our main concern is about the proposed method for determining an appropriate fee for steered transactions. The proposed CRs give Apple and Google too much flexibility in how to determine a fair fee, which risks developers still being charged inflated prices and consumers not feeling benefits to their full degree. We recommend simplifying the proposed fee setting principles and requiring Apple and Google to determine a fair fee using a cost-recovery approach.