In August 2020, the Russian press reported that the Federal Antimonopoly Service (FAS) found Apple Inc. liable for infringing antitrust law. The site of the FAS published an official notice of its decision of 10 August 2020 at [https://fas.gov.ru/news/30275].
The investigation behind the decision and order of the FAS was instigated by a complaint filed in March 2020 by world-famous Russian software development company Kaspersky Laboratory, a producer of antivirus and security programs. The object of the complaint was Kaspersky’a parental control software. Kaspersky argued that Apple had restricted the use of certain tools and options for developers of parental control software, which Apple itself had started using within its function “Screen Time” on iOS.
The FAS found that Apple held a dominant position on the Russian software market for iOS operating systems, as software can be downloaded and installed on iOSs only through the official Apple App Store. The FAS also found that starting from October 2018 Apple had limited the use of tools and opportunities for the development of parental control software by other iOS programmers. Apple was thus charged with abusing its dominance by holding, and exercising, the power to reject in practice software of third parties even if it meets all Apple Store requirements.
The FAS held that since the Apple App Store was the only opportunity for software developers to market their products based on iOS operating systems (so-called gate-keeper), it was essential that there was no discrimination against them at the stage of access to the market.
Kaspersky Laboratory declared to be satisfied with the decision and order of the FAS to eliminate the infringement, and expects Apple to change its attitude towards third party developers and stop reserving a preferential treatment to its own apps and software marketed through the Apple App Store.