The recent confirmation that Xbox's flagship xCloud streaming service would not be coming to Apple devices was disappointing to many, though not necessarily surprising. Apple's "walled garden" approach to its app store restricts iOS users' access to certain applications. xCloud fell outside those accepted restrictions. Yet the ethics, as well as the legality of that decision, are certainly questionable. The decision has even prompted a response by a major international body, with the European Union recently making a statement.
The European Commission "proposes and implements laws" tied to the treaties within the European Union. This process is largely transparent and involves direct communication with both businesses and citizens of the EU. It likely won't be a surprise then that the European Commission is already investigating Apple via three probes into the App Store and the rules in place for the storefront. It's understandable then that the Commission was willing to respond to questions about Microsoft's issues with the App Store.
Naturally, given the ongoing nature of the Commission's investigation, a thorough response was not to be expected. But the Commission did respond as it was able. Arianna Podesta, a spokeswoman for the Commission, stated that, "The Commission is aware of these concerns regarding Apple's App Store rules." In other words, if the App Store rules do break European Union law then the Commission will be investigating it. Of course, the Commission could also decide that the App Store rules are legal, as unlikely as that may seem.
An investigation into the App Store's rules has been encouraged by Microsoft over the past month. Microsoft president Brad Smith was recently quoted saying that he believes it's time for either Washington D.C. or Brussels to have a "much more focused conversation about the nature of app stores, the rules that are being put in place, the prices and the tolls that are being extracted and whether there is really a justification in antitrust law for everything that has been created." While Smith doesn't mention Apple, xCloud, or Game Pass, his meaning is clear.
For now, however, the European Commission in Brussels appears to be the only potential recourse for Microsoft. A suit hasn't been filed against Apple as of yet and the Trump Administration's FTC in the USA is notoriously apathetic regarding antitrust efforts. That could change in 2021 should Vice President Biden's campaign prove a success, though any recourse would likely be years away.
It's certainly possible that should the European Commission's investigation could lead to new law that would open Apple's App Store to apps like xCloud. But it's also just as, if not more likely, to lead to Apple changing its policies in Europe while leaving them in place in the USA. It's a troubling situation all around, and one unlikely to come to a productive conclusion anytime soon -- especially for iOS users hoping to try Xbox's xCloud.