The Competition and Markets Authority (CMA) has won an appeal against a prior decision made by the Competition Appeal Tribunal (CAT) regarding its investigation into Apple. The CAT had previously upheld Apple's appeal, which led to the suspension of the CMA's investigation. However, the Court of Appeal's unanimous judgment has overturned this decision, allowing the CMA to proceed with its investigation into the mobile browsers and cloud gaming market.

Sarah Cardell, Chief Executive of the CMA, expressed that this ruling is crucial for the CMA's ability to protect consumers and foster competition in the UK. She emphasized that the investigation, initiated over a year ago, aims to ensure that UK consumers receive the best services and apps on their mobile devices while enabling developers to innovate.

The background of the case dates back to November 22, 2022, when the CMA made a market investigation reference under the Enterprise Act 2002 concerning mobile browsers and cloud gaming. Apple challenged this decision, leading to a CAT ruling in March 2023 that found the CMA lacked the power to make such a reference if it had previously opted not to during a market study. This ruling was deemed to have serious implications for the CMA's investigatory powers.

The Court of Appeal found that the CAT had misinterpreted the Enterprise Act 2002, stating that the CMA's standalone power includes essential public law safeguards. The court clarified that there is no principle that an undertaking can only be investigated once, reinforcing the CMA's mandate to promote competition and protect consumers.