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After 10 months of investigation, the Italian Competition Authority has sanctioned Apple and Samsung for their "dishonest business practices." It blames them for launching software updates harmful to the functioning of their smartphones to push their customers to change devices. This condemnation for planned obsolescence is a first in Europe. Other countries, including France, could follow. Decryption.
Why were Apple and Samsung sentenced?
Italian Competition Authority (1) has punished Apple and Samsung for commercial practices that it deems dishonest. In fact, the insistence with which both manufacturers pushed consumers to install operating system updates (iOS or Android) of their smartphone as they degraded their performance, which the two giants could not ignore. By doing so, Apple and Samsung have intentionally encouraged consumers to buy newer smartphones. The Autorité also accuses them of a lack of information: at no point in the updating process were consumers informed of the consequences.
The Authority had been conducting the investigation since January 2018 on the basis of testimonials from owners of the Samsung Galaxy Note 4 (who had installed Android Marshmallow, a version of Android designed for the Galaxy Note 7) and the iPhone 6 (invited to install iOS 10, designed for the next generation of Apple's smartphone, the iPhone 7).
Why is Apple's sanction more important than Samsung's?
Apple has been fined twice as much as Samsung (10 million euros against 5) because the Italian Authority has a second grievance against him. This time it concerns a lack of information about the lithium batteries of his iPhone. The Autorité considers that consumers were unaware of certain essential characteristics, such as their average service life, and correct procedures to maintain and replace their batteries so that the iPhone remains fully operational. In fact, Apple has added in a later update of iOS (11.3) a menu describing the state of the battery. It's good that before, it was missing.
Will Apple and Samsung pay these fines?
Samsung has already announced that it will appeal, and it's a safe bet that Apple will emulate. The company has a 60-day cooling off period.
A sanction for planned obsolescence, a first?
Failing to be financially heavy, the sanction of Apple and Samsung has a strong symbolic significance. It reinforces the consumer's right to purchase durable and repairable goods. Several investigations have been opened around the world against Apple and Samsung, but Italy is the first country to sanction the two giants for planned obsolescence.
Would such a conviction be possible in France?
In France, the financial department has already opened an investigation against Apple in January 2018, for planned obsolescence and deception. The manufacturer has indeed acknowledged that it deliberately alters the performance of its iPhone battery aging. The HOP badociation also filed a complaint against Apple in December 2017. It is likely that sanctions for obsolescence scheduled will fall one day or the other, especially if Italy has relied on a violation of the Code of the consumption (whose scope is European), France also benefits from an ad hoc legal leverage. The planned obsolescence is indeed considered a crime since the law on the energy transition of 2015.
Should we update his smartphone?
There are two types of updates that can be offered: security updates and operating system updates. We advise you to always perform security updates, which protect your smartphone from viruses or security breaches. The situation is more delicate concerning the updates of the operating system (Android, iOS). Indeed, several factors are to be considered, including the age of your smartphone and the improvements made by the new version of the software (they are sometimes minor). The older your smartphone is, the more likely it is that the update will slow it down. And unfortunately, it is virtually impossible to go back. But the most recent versions of the operating system become unavoidable after a few years to install applications and enjoy the latest features (use a connected watch, for example). Know that, in the best case, Apple and Samsung update the OS of their smartphones for 5 years. And that we always indicate in our smartphone test the latest available version of the OS for each device.
Notes
1. AGCM: Autorita garante della concorrenza e del mercato.
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