Recap of Distribution Essentials: App Distribution and Related Antitrust Considerations
American Bar Association Antitrust Law Section, 2023
Analysis Group Managers Yeseul Hyun and Lolo Palacios have published a recap of the American Bar Association (ABA) webinar “App Distribution and Related Antitrust Considerations” as an ABA Antitrust Law Section committee newsletter article. The authors provide a summary of the discussion on potential antitrust issues concerning app distribution among the panelists, including Managing Principal Samuel Weglein, John M. Yun (George Mason University Antonin Scalia Law School), and moderator Caiti Zeytoonian (Morgan Lewis). The session was co-organized by Ms. Zeytoonian and Managing Principal Jee-Yeon Lehmann as part of the ABA Distribution & Franchising Committee’s (D&F’s) “Distribution Essentials” series.
In the article, Dr. Hyun and Dr. Palacios provide a brief history of antitrust litigation related to app stores and their policies. They then summarize the panelists’ discussion of the complexity of potential antitrust issues that have been raised in the context of app distribution, including questions related to market definition and market power in high-profile cases such as Epic Games, Inc. v. Apple Inc.
Dr. Weglein opened the webinar by providing a framework for the discussion grounded in the economic features of platforms and network effects. The panelists then explored theories of potential antitrust concerns related to app stores and app distribution, and concluded with thoughts on whether the court’s decision in Epic opened the door for developers to send users to the web, rather than through the app, for purchases, and whether and how that decision might lead to changes in app stores’ policies, incentives, or prices.