Conservative watchdog calls for FTC to probe Apple News over 'anticompetitive behavior, deceptive practices'

Apple News, a news aggregator that comes pre-installed on Apple devices, has been widely accused of favoring liberal publications and ignoring conservative outlets. 

Now, MRC President David Bozell has sent a letter to Ferguson asking for a probe of the news aggregator. 

Bozell said representations concern "whether users are able to block specific media outlets from appearing in their Apple News feeds," "whether outside publishers may apply for inclusion in the Apple News application," "whether Apple creates confusion for consumers about the diversity of viewpoints reflected in the app" and "whether Apple violated federal competition law, including potential tying or exclusionary practices, in preferencing Apple News on Apple devices."

Bozell then explained that evidence had "come to light" since Ferguson sent a letter to Cook. 

"First, in response to MRC's investigative reporting concerning content selection practices on Apple News, Apple issued a statement asserting that users 'can tailor the app to their interests by choosing to follow or block specific publications or topics.' MRC's subsequent investigation revealed that this claim is inaccurate," Bozell wrote. 

"Evidence established by MRC shows that Apple is not only aware that users cannot block outlets, but that this restriction is actually a design feature," he continued. "Second, Apple continues to encourage news organizations to apply for inclusion in Apple News."

Bozell said the MRC's NewsBusters was shut out from consideration while it "continues to inaccurately claim that publishers may apply to Apple News."

"This discrepancy raises questions as to whether Apple's public-facing materials are designed to mislead right-leaning publishers regarding the scope, openness, and ideological diversity of Apple News. After all, Apple News chose not to publish a single right-leaning outlet for 99 days in a row, while publishing 1,369 left-leaning outlets during that same time period," Bozell wrote.

Bozell also wrote, "MRC's ongoing monitoring of Apple News content selection has identified patterns that strongly suggest that Apple is intentionally creating confusion for consumers about the diversity of viewpoints available on the app."

Bozell said the MRC is "concerned that Apple has engaged in anticompetitive trade restraints to harm its competitors." 

"Because over 58% of smartphones used in America are manufactured by Apple and come preinstalled with its news app, Apple News often appears for users unprompted, and is always preferenced over competitor news apps. When consumers manually attempt to change their settings so Apple News is not preferenced, Apple devices often silently overrule this selection. In combination, these actions may constitute an illegal tying arrangement under federal competition law," he wrote. 

"Apple's representations to users and publishers have a profound influence on consumer expectations," he continued. "Consequently, Apple's statements and conduct warrant additional review under applicable consumer protection standards."

Bozell asked the Commission to investigate whether Apple has "made materially misleading representations regarding users' ability to control or block content within the app," "maintained or disseminated public statements that inaccurately describe opportunities for publisher participation on the app" or "engaged in conduct relating to the integration or preferential placement of Apple News on Apple devices that may raise concerns under federal competition law, including potential tying or exclusionary practices."