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Japanese government to deliberate new regulatory bill in the Diet to compete with giant IT companies such as Google Apple | NHK | Business Special Feature

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“I can only do business with them, so I always have to keep an eye on their faces.”

This is said by a representative from a major company that does business with Apple and Google.

Giant IT companies, which have overwhelming influence in the field of digital services, are being criticized for using their influence to unfairly impede competition, and the Japanese government is about to introduce new regulations. Masu. I tried to find out what the problem was.
(Keisuke Nakajima, Economic Affairs Department reporter)

Google and Apple are the two leading smartphone OSs.

Smartphones are now indispensable in daily life as they allow you to enjoy games and video content. Many people carry their smartphones around with them, but the domestic share of the basic software (OS) for smartphones is dominated by two companies: Google’s Android and Apple’s iOS.

Furthermore, as of 2021, the domestic sales of app stores where apps are installed amounted to 1.59 trillion yen for Apple’s “App Store” and 1.4 trillion yen for Google’s “Google Play.”

The source of revenue for both companies is the fees collected from app production companies. A portion of the fees paid by users when they download paid apps or purchase items in app games is paid by Google or Apple as a fee. % commission is paid. From Apple and Google’s point of view, it is natural for them to charge fees because they are conducting transactions using their own app stores and payment systems.

On the other hand, there is also criticism that the oligopoly of the two companies hinders competition and leads to high fees.

App operators “forced to comply”

How do app providers view this current situation? This time, I applied for interviews with major companies that produce app games, but most of them immediately replied that they were unable to accept interviews. The only company that agreed to be interviewed also requested anonymity.

Why do companies avoid interviews? When I asked a representative of the app company, who spoke anonymously, this was the answer he gave me:

App provider company person in charge
“The reason I can’t answer publicly is because I can only do business within their rules.This is because I always have to check their complexion.It is common knowledge in the industry that the fees are high, but since there is no other option, they have no choice but to comply, and the last thing they want to be touched is the billing fee, so if you answer, it will make it harder to do your job.”

I felt that the words “I have to look at their complexions” symbolized a relationship that could hardly be called equal.

“Mandatory” own app store

Furthermore, Apple only allows the use of its own app store, so app operators who want to provide services on the iPhone must undergo screening.

Takamasa Kishihara, executive director of an organization that includes businesses that create and distribute apps, also points out that giant IT companies called platformers have tremendous power.

Mobile Content Forum Managing Director Kishihara
“There is an absolute difference in power.“Digital sharecropper”They are in such a weak position that they are called. Even in app reviews, the standards are subjective and vague, resulting in unsatisfactory suspensions of accounts and refusals to register on app stores.

Giant IT companies to be regulated by new law

This situation could hinder new entry and lead to increased costs for users. With this in mind, the government has decided to create a new law and begin regulating giant IT companies.

The Fair Trade Commission, which has jurisdiction over the bill, aims to submit the “Smartphone Software Competition Promotion Bill” to the current Diet session.

The following four areas are subject to regulation: (1) basic software, (2) app stores, (3) browsers, and (4) search engines.

Designating regulated companies and then preventing competitors from using their app stores, payment systems, or browsers, or giving priority to their own services when displaying search results without justifiable reason. Indicates in advance prohibited actions such as: If a company violates the law, it will be made to pay a surcharge of 20% of its sales in Japan.

Under the current Antimonopoly Act, the level of surcharge is more than three times the level for cases in which the activities of other businesses are unfairly excluded, and it increases to 30% in the case of repeated violations. .

What will change for us?

How will the new regulations change services for users?

Kazuhiko Fuchigawa, an associate professor at Keio University who is an expert on competition law, said, “I think this new law will prohibit requiring the use of app stores provided by Apple and Google.Consumers will be able to use a variety of app stores.“Competition makes it possible to purchase high-quality, low-cost apps.”

If competition lowers fees, the fees that app operators demand from users may also come down. Additionally, if the savings in fees is used to invest in new services and create interesting content, users can expect benefits as a result.

On the other hand, as app stores from various other companies are increasingly being used, there are concerns that adequate security measures may not be in place.

Another challenge is eliminating apps that are not recommended for use by minors. For this reason, the bill allows regulated companies to take necessary measures for security, privacy, youth protection, etc. It is important to consider how to balance security and other measures with the promotion of competition.

Huge IT regulation precedent is the EU

In fact, the Japanese government referred to the Digital Market Law, which began full-scale implementation in March this year in the European Union, when drafting a bill to regulate giant IT companies.

It covers fields such as online shopping and SNS, which are not covered by Japanese regulations, and indicates in advance to companies that are prohibited from doing so as they impede competition. In the event of a violation, it is possible to impose a fine of up to 10% of annual sales worldwide, not within the EU, and it can be said that the measures are stricter than those in Japan.

In late March, shortly after full-scale operation, the company immediately launched an investigation into Google’s parent company Alphabet, Apple, and Meta, which operates Facebook and other companies, on suspicion of violating the law. In addition to these regulations, the EU has also strengthened its confrontational stance by imposing huge fines on Apple and Google for hindering competition.

However, as the EU continues to tighten regulations, giant IT companies are also making moves that can be seen as circumventing regulations.

In response to the Digital Markets Act, Apple has announced new terms and conditions that will allow users to acquire apps from other companies’ app stores, which they had previously not allowed, and will also lower fees.

However, even when using other companies’ services, the company has announced a policy to impose new fees on apps that are downloaded more than 1 million times a year, which has sparked criticism from app operators.

Will it be an effective regulation?

Given this situation, there is a risk that companies will take a loophole approach to Japan’s new legislation.

It has even been pointed out that giant IT companies, which earn huge profits based on their overwhelming influence in the digital market, are now becoming entities that transcend national borders. Furthermore, the speed of technological innovation in the digital field is rapid, and I think smartphones, which have changed our lifestyle, are the best example of this. For this reason, in order to make regulations effective, it is necessary to constantly explore new ways to implement regulations in cooperation with the authorities of the EU and each country, rather than attempting to deal with them alone.

Healthy competition is essential for society to evolve without nipping new innovations in the bud. I would like to continue reporting and verifying whether Japan’s new regulations can fulfill this role.
(Broadcast on April 16th on “News 7” etc.)

Economic Affairs Department reporter
Keisuke Nakajima
Joined in 2004
Joined current position after working at the Aomori Bureau and the Tokyo Metropolitan Area Bureau.
In charge of the Ministry of Economy, Trade and Industry

The article is in Japanese

Tags: Japanese government deliberate regulatory bill Diet compete giant companies Google Apple NHK Business Special Feature

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