Apple has put forth the argument that Safari should be regarded as three distinct web browsers in its effort to evade regulatory constraints. This contention arose in response to the European Union's actions in August, just before the European Commission classified several of Apple's offerings, including iOS, the App Store, and Safari, as gatekeeper platforms. This classification subjects Apple to the Digital Markets Act's stipulations, such as permitting alternative browser engines and the installation of third-party app stores.
Recent information reveals that, upon learning of Safari's potential inclusion within the DMA's regulatory framework, Apple formally responded to the European Union, asserting that Safari comprises "three separate web browsers." The basis for this assertion lies in Apple's argument that Safari for iOS, iPadOS, and macOS are entirely distinct and serve different purposes.
Apple cited an example, specifically Safari's sidebar feature on iPadOS and macOS, which enables users to access open tabs, tab groups, bookmarks, and browsing history. Given that this feature is absent in the iOS version of Safari, Apple contends that it qualifies as a fundamentally different browser. The company further argued that each iteration of Safari fulfills unique roles for users, depending on the device through which it is utilized.
However, the European Commission countered by emphasizing that Safari's functionality and core technologies are remarkably consistent across all platforms. Additionally, the Commission pointed to Apple's own promotional materials for its Continuity feature, which appear to contradict the company's claims, as they endorse the tagline "Same Safari. Different device." Consequently, the Commission rejected Apple's argument and maintains that "Safari constitutes a singular web browser, regardless of the device used to access it."
Apple is now obligated to ensure that Safari complies with the DMA's requisites, including accommodating non-WebKit-based browsers on iOS and iPadOS. Failure to adhere to these new regulations could subject companies to EU investigations, substantial fines, and the imposition of "behavioral or structural remedies." These fines may reach up to 10 percent of a company's global revenue, with a 20 percent penalty for repeat violations. Questions linger regarding whether Apple's claim of Safari being three distinct browsers runs afoul of the DMA's Anti-Circumvention provision, which prohibits segmenting a platform's market share to evade regulation.
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