Hausfeld Partner Christopher L. Lebsock Delivers Second Testimony Before the National Assembly of the Republic of Korea on Global Antitrust Enforcement in Big Tech
On September 5, 2025, Hausfeld Partner Christopher L. Lebsock delivered a second testimony before relevant committees of the Korean National Assembly. This testimony provided significant updates on global antitrust enforcement efforts against Apple and Google, with a particular focus on their conduct in the app store market and its impact on Korean app developers and consumers.
Lebsock highlighted ongoing litigation efforts on behalf of Korean app developers—most notably Pangsky Co. Ltd.—who are challenging Apple and Google’s restrictive practices in the iOS and Android ecosystems. He emphasized that antitrust law’s core purpose is to foster innovation, lower prices, and expand consumer choice, principles increasingly recognized worldwide and now actively pursued in Korea.
Global Litigation and Regulatory Updates
Lebsock reported that in July 2025, a U.S. Court of Appeals unanimously affirmed a jury verdict against Google for monopolizing Android app distribution and billing services globally (excluding China), upholding an injunction requiring Google to open its Android ecosystem to greater competition in the U.S., though Google intends to contest this decision. Apple was found to have willfully violated an injunction related to its app store policies under California’s Unfair Competition Law; Apple has appealed the contempt order. Ongoing class action litigation accuses Apple of monopolizing the iOS app market with trial scheduled for February 2026. The U.S. Department of Justice also recently filed suit against Apple for leveraging its dominance in premium smartphones to engage in anticompetitive conduct regarding app store policies.
In Australia, on August 13, 2025, the Federal Court ruled that both Apple and Google violated Australian competition law by restricting competition within their app stores. In the United Kingdom, multiple cases against Apple and Google are pending from both developers and consumers; one case has been tried with a decision pending, others are set for trial next year. Regulatory investigations into alleged anticompetitive practices by Apple and/or Google are ongoing in Japan, Brazil, Mexico, and other countries.
Korean Market Data & Economic Impact
Lebsock argued that the commission rates imposed by Apple and Google (typically 30%) are unjustifiably high—two to three times above what would prevail in a competitive market absent illegal conduct. The Korean Consumer Protection Agency found that prices for apps/in-app transactions were up to 59% (Google Play) and 76.9% (Apple App Store) higher than those on One Store, Korea’s leading third-party app store. Internal documents show Google’s cost for providing payment processing is only about 6% of transaction value; Apple also acknowledged that lower commissions would remain profitable. Credit card transaction fees in the U.S., by comparison, average between 1.5%–4%, demonstrating that secure payment processing can be provided at much lower cost than current app store commissions.
Legal Frameworks & Recommendations
Lebsock outlined key aspects of U.S. antitrust law relevant to global enforcement: private enforcement through treble damages actions; protection against retaliation for plaintiffs; injunctive relief as necessary to prevent retaliation or maintain competitive markets; and limits on freedom of contract when such choices serve monopolistic purposes or frustrate litigation. He specifically referenced renewed efforts on behalf of Korean app developers—including Pangsky Co. Ltd.—to challenge Apple and Google’s conduct through litigation aimed at ensuring competitive conditions within Korea’s mobile ecosystems.
An emphasis was placed on legal protections against retaliation for those bringing good-faith antitrust claims—a point tied directly to proposed Korean legislation under consideration by Hon. Min-Hee Choi’s Committee. Lebsock cited fresh data from Korean authorities and internal company analyses showing actual costs versus charged commissions—strengthening arguments for reform—and urged support for laws or policies that empower victims to enforce competition rules without fear.
Lebsock concluded by thanking the Committee for considering measures that would encourage robust enforcement of Korea’s competition laws—emphasizing that such steps are vital not only for Korean developers but also as part of a global movement toward fairer digital markets.
Chris’ testimony was covered by the major Korean newspapers:
· Korean media outlet, News 1: https://v.daum.net/v/20250908053118412 (in Korean)
· Korean media outlet, JoongAng Ilbo: https://v.daum.net/v/20250907130139770 (in Korean)
· Korean media outlet, Biz Watch: https://v.daum.net/v/20250905183313883 (in Korean)
· Korean media outlet, Edaily: https://v.daum.net/v/20250905182347683 (in Korean)
· Korean media outlet, Yonhap News Agency: https://v.daum.net/v/20250905170140249 (in Korean)
· Korean media outlet, News 1: https://v.daum.net/v/20250905164513704 (in Korean)
· Korean media outlet, Korea Economic Daily: https://www.dnews.co.kr/uhtml/view.jsp?idxno=202509052050325040508 (in Korean)
· Korean media outlet, Bloter19th: https://www.bloter.net/news/articleView.html?idxno=643484 (in Korean)
· Korean media outlet, Digital Daily: https://www.ddaily.co.kr/page/view/2025090518125292208 (in Korean)
· Korean media outlet: https://www.newspim.com/news/view/20250905000895 (in Korean)
· Korean media outlet: https://www.m-economynews.com/news/article.html?no=59585 (in Korean)
· Korean media outlet, NSP News Agency: https://www.nspna.com/news/?mode=view&newsid=775654 (in Korean)
· Korean media outlet, Daily Good News: https://www.goodnews1.com/news/articleView.html?idxno=451300 (in Korean)
· Korean media outlet, Tokenpost: https://www.tokenpost.kr/news/policy/283268 (in Korean)
· Korean media outlet: https://www.popcornnews.net/news/articleView.html?idxno=93061 (in Korean)
· Korean media outlet, Biz Watch: https://news.bizwatch.co.kr/article/mobile/2025/09/05/0047 (in Korean)
· Korean media outlet, DealSite: https://dealsite.co.kr/articles/147752 (in Korean)
· Korean media outlet: https://www.4th.kr/news/articleView.html?idxno=2094667 (in Korean)
· Korean media outlet: https://www.newstomato.com/ReadNews.aspx?no=1273982&inflow=N (in Korean)
· Korean media outlet: https://www.m-economynews.com/news/article.html?no=59585 (in Korean)
To read Chris' testimony before the Korean National Assembly, click here.
