Ah, but charging a commission equal to the difference between a typical payment processor and their own processing fee is per se dissuading
It is not "dissuading". It is charging a standard Library fee on that intellectual property for sales even if you choose to use Apple's payment processor, and even if you don't.
No, it isn't. A standard library fee would be a fee that everyone pays, period. This is a fee on *commerce* that Apple had no meaningful role in.
None of Apple's software is designed specifically to provide support for running third-party applications other than the store app itself and the in-app purchasing support libraries. If you're using Apple's in-app purchases, Apple provides those libraries, the store app, the server infrastructure, and the payment processing infrastructure. But if you're using a third-party payment system, Apple provides none of that except for the store app itself (which is used only to download the app in the first place.
As long as Apple does not allow third-party app stores, it cannot reasonably compel developers to pay fees for app distribution, because that's an attempt to monopolize the app sales market.
Apple also provides the Xcode toolchain, but again, Apple's policies prohibit making apps available that are built using any other toolchain (to compel developers to develop on Mac hardware, which is itself likely an antitrust law violation, but I digress). Once again, under any reasonable interpretation of antitrust law, a company with Apple's market power has no real right to charge for something if they don't allow an alternative.
So the only thing remaining that Apple provides to those developers is the base operating system and libraries. And *users* pay for that as part of purchasing the device. Apple even amortizes the purchase price over several years to pay for the cost of ongoing operating system development. And by that same standard, developers have already paid for it by buying iOS devices to use for development.
In other words, Apple does nothing specific to earn that 27% other than throwing up artificial barriers to coerce developers into paying the fees, which makes those fees rent seeking in the strictest, purest sense.
All they need to do here is remove that 27% fee from BOTH Devs that use Apple's payment processing and Devs that don't. So the Apple payment services billing reflects only the payment processing fee.
You're right on this part. Charging 30% for every non-physical-item sale that occurs on your platform is extortionate. But as long as there are alternatives, nobody should care. But when they either compel developers to use their purchasing platform or charge nearly all of that fee for doing business on the platform even for developers who don't use their purchasing platform, it becomes an antitrust issue. And the legal systems in both the EU and the U.S. agree that this is an antitrust concern.
And then charge All developers both 27% as a royalty payment for their use of the iOS software. This makes it a non-discriminatory fee which neither encourages nor discourages the use of Apple's billing services, since it then applies to all developers equally.
No, it doesn't. With that approach, the fees get paid only by developers that earn revenue through sales, not by developers who earn revenue through advertising. Apple's high fees are the main reason why gaming on iOS sucks. Their rules encourage folks to use massive amounts of advertising to earn revenue and design apps around driving people to watch more ads, rather than selling the games for a few bucks.
With that approach, developers who don't charge money leech off of the infrastructure without paying a penny. So again, not all developers are equal, only all developers who sell things.
Moreover, it is unenforceable. No company is going to give Apple access to its books. So it becomes a pinkie swear situation, where Apple relies on the companies to be honest.
And as previously noted, there's no good reason to allow Apple to charge *ANY* money for purchases that occur on the platform. Again, Apple does nothing to earn that revenue. It is pure rent-seeking market distortion, and as a dominant player in the market, that doesn't pass antitrust scrutiny. It never did.
But the biggest problem is that it unlawfully distorts the free market for a lot of other things, effectively using Apple's market power in an attempt to monopolize other industries.
As I've mentioned previously, Amazon takes only a 30% commission on most eBook sales. By taking a 30% commission on in-app purchases, Apple made it much harder for Amazon's Kindle content store to compete with Apple's iBooks store, because Amazon had to either literally give away content without earning a penny on it or do what they actually did — disable all purchasing on iOS and hope that users figure out how to buy content ahead of time on the Amazon website.
Spotify also had the same problem. Giving up 30% of their subscription revenue to Apple would have meant that Apple had almost half again more money to spend on content acquisition, which gave Apple Music an unfair competitive advantage. And the alternative — disabling purchasing subscriptions on iOS and hoping that uses figure out how to buy a subscription on the website — gives Apple an unfair competitive advantage in terms of acquiring new customers.
So any scheme in which Apple takes almost a third of the purchase price of any digital content or subscription purchased on the platform is per se an antitrust concern, because Apple's share of the market is so large, their users are so loyal, the barrier to switching platforms is so high, and their users have so much higher an average annual income than other platforms. And it will not stop being an antitrust concern unless the DOJ breaks up Apple and forces them to spin off Apple Music and iBooks into separate companies.
And the Apple Arcade service is an attempt to get ahead of subscription gaming and monopolize that future market in the same way.
All of these outcomes are generally unlawful. Besides being tantamount to an illegal tying agreement, they also represent per se price fixing. This isn't solvable by making minor changes to the business model. The business model Apple chose has always been a per se antitrust law violation. The fact that they got away with it for so long is remarkable, but it was never okay. It's not even close.