There was plenty of information given during the case to show that 27% was not a reasonable fee for linked-out purchases based on Apple’s “actual costs” to “ensure user security and privacy." So they can charge something, but it can't be a profit center.
This. When Steve first introduced the App Store, he said they weren't trying to make a profit off of it. That was quickly proven to be a lie, because the economies of scale brought the costs way down, but the fees never decreased.
And the fact of the matter is that the decision to make apps go through the app review process is a decision made by Apple primarily for their benefit, not for the user's benefit. No other general-purpose platform (as opposed to game-only platforms like primitive cell phones and game consoles and iPod) ever did anything like that prior to Apple doing it, and it was never a security disaster.
Because the user has no choice about whether to buy apps from Apple or from a third-party, it isn't reasonable for Apple to charge fees on the review process. Doing so is effectively rent seeking, interposing themselves in commerce while adding zero value to that commerce compared with other alternatives. Doing so distorts the free market for in-app payment processors by basically making that market not exist. And so on.
And Apple already charges a fee for the review process. Every developer has to pay a $99 a year to distribute apps through the store. That's paying for app reviews and a couple of DTS incidents. If that isn't adequate to cover the costs, then Apple needs to make that reflect the actual cost of app review.
And IMO, Apple should be forced to open up the platform to third-party app stores globally, allowing companies to choose whether to pay that fee or distribute their app through a third-party store instead. Building a platform should not give you carte blanche authority to say what apps run on that platform, because Apple does not own the hardware once a consumer buys it. It looks like a sale, so it is a sale. And at that point, the law recognizes customers' rights to do pretty much whatever they want to with the hardware, up to and including wiping it and running Android if they can figure out how.
There's no clear security justification for not requiring Apple to provide a switch on iOS similar to the one on macOS that lets you install apps signed by Apple and distributed outside the store, nor for providing a switch that lets you install and run unsigned apps with the same security mechanism that macOS provided prior to code signing. It worked well enough to keep users safe for decades, and the code is already there. All they have to do is turn it on, provide a little bit of UI integration, and maybe unify the keychain implementation if they haven't already done so by now.
Users who want the current model would just not go into Settings and change the setting. Apple can have three or four dire warnings about how doing this reduces the security of the phone before allowing users to do so, ensuring that only users who understand what they are doing throw the switch.
And there's no clear justification at all for Apple demanding that third-party app stores pay money for sales of apps that Apple doesn't actually review. That is *pure* rent seeking. Apple isn't providing *any* value in those transactions, but is still charging money ("core technology fee"). No way should that be allowed. Users already pay for the operating system as part of the cost of buying the device. Those fees are pure double dipping, and that's really not okay to charge two parties for the same purchase.
The more Apple clings to control over the platform, the more fines they are going to get, both in the U.S. and the European Union. One company exercising near-monopolistic control over a large chunk of the cellular phone market is inherently problematic, and using that monopoly to control an unrelated market (apps) by deliberately preventing consumers from being able to install alternative app stores that avoid those fees is IMO a flagrant violation of antitrust law. I'm glad the courts have affirmed that.