New 🧵on Epic decision. YGR makes some interesting factual determination that may be contested on appeal.
First that is from some of the sealed economic testimony. A very large share of Apple's app store revenue comes from mobile game transactions.
YGR decided that the relevant market was mobile games, not gaming overall as Apple had proposed. She says this is because there are important differences in mobile gaming, such as the demographics of who plays (lots more women) versus on PCs/consoles.
She says mobile gaming includes both smartphones and tablets and rejects as "not persuasive" the idea that they are different because of the lack of a cellular connection on tablets. (That's contestable. Games that requires a connection, you have to use phone or tablet with WiFi)
She also discussed the evolution of game streaming and the Nintendo Switch and decides neither are in the mobile gaming market because they're "too new"
But this is the most interesting detail that I suspect will be contested: Apple's mobile gaming market share.
Apple’s business records estimated the company's market share of the global video gaming market increased over time:
2015 with 18%;
2016 with either 21.8% or 23%;
2017 with either 24% or 27%;
2018 with 23.8%;
2019 with 23.9% or 25%;
2020 forecasted 24.7%-31%.
She then takes the 24% from 2017 and divides it by some other Apple internal docs that estimate mobile gaming accounts for 42% of all gaming. Voila. Some math. Apple's market share is 57%
She then takes some NewZoo estimates that AREN'T EVEN IN EVIDENCE but were a footnote in some internal report and does the same math for 2020, which again gives her 57%
(Tbh I sort of love the idea that she listened to literally a week of economists debating this and then just decided to do her own math)
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. @JusticeATR statement on FTC rescinding the vertical merger guidelines: "The Department of Justice is conducting a careful review of the Horizontal Merger Guidelines and the Vertical Merger Guidelines to ensure they are appropriately skeptical of harmful mergers. /1
"Both documents are designed to provide increased transparency and guidance to the public on how the department makes law enforcement decisions. The department’s review has already identified several aspects of the guidelines that deserve close scrutiny... /2
"and we will work closely with the FTC to update them as appropriate. The department continues to collaborate with the FTC on a robust public engagement process to seek comment on ways the Vertical Merger Guidelines could be improved. /3
Onward. FTC's Open Meeting starts in 25 mins with a new health app privacy statement, rescinding the VMGs and a peek at the little deals by Big Tech. politico.com/newsletters/mo…
Associate AG Vanita Gupta (DOJ no. 3) gave the keynote today at Georgetown #antitrust. Nothing super newsy in her remarks, but Gupta sought to reframe discussions about antitrust as economic justice
"Robust antitrust enforcement is critically important for advancing economic justice," she said.
"Too often, powerful companies exploit consumers and tilt the playing field in favor of the already powerful. But everyone deserves to benefit from a free, fair and competitive economy."
The National Association of Realtors has filed a petition to force @JusticeATR to go through on the settlement it reached last year to resolve the antitrust suit against the group.
“By its action, the DOJ thinks it should be free to reconsider the terms of an agreement at any time, for any reason – or no reason at all,” NAR President Charlie Oppler said.
The Trump DOJ reached a settlement agreement with NAR last year. The settlement required a public comment period and court approval justice.gov/opa/pr/justice…
Confirmed. White House will nominate Georgetown's Alvaro Bedoya to the third D seat on the FTC. He will replace Rohit Chopra, who was nominated to head of the CFPB.
Back to this news, if Bedoya is confirmed, the FTC will be comprised of three former Senate Judiciary staffers -- Slaughter (Schumer), Phillips (Cornyn), Bedoya (Franken) and a House Judiciary staffer (Khan).