Welcome to the September 2026 edition of The Bug.
In this edition, recent antitrust developments include Apple's new EU App Store terms, DOJ's push to lead national merger cases, a behavioral-remedies ruling against Google's ad-tech business, and the pending confirmation of Adam Candeub to lead DOJ's Antitrust Division.
The Feature
Apple Updates App Store Developer Terms in the EU
Effective October 1, 2026, Apple is replacing its Old Business Terms and New Business Terms with a single set of Unified Business Terms (UBTs), allowing developers to use alternative app marketplaces, web distribution, alternative payment methods, and actionable links to direct users outside the App Store. The company announced the planned update in mid-August.
The revised terms are intended to comply with the European Commission’s (EC) App Store steering decision under the Digital Markets Act (DMA) and address the EC’s concerns in the ongoing DMA investigation into Apple’s App Store terms. The UBTs replace the current alternative fee structures with (i) a commission for App Store apps and (ii) a Core Technology Commission on transactions in apps distributed on alternative app marketplaces or via web distribution.
Although Apple stated that the UBTs will “resolve Apple’s disagreements with the [EC] over business terms and alternative distribution,” it is not clear that the UBTs comply with the steering decision (e.g., imposing fees only on “initial matching” with end users). See here for more detail.
The Niche
Associate Attorney General Woodward—Speech Notes
On September 17, 2026, U.S. Department of Justice (DOJ) Associate Attorney General Stanley Woodward Jr., who also leads the Antitrust Division’s day-to-day operations, spoke at Fordham Law School in New York City. He wants state attorneys general to follow DOJ’s lead on investigations into mergers with perceived national harms, and he expects DOJ’s political appointees to continue to “participate” in antitrust enforcement. Other key quotes include:
- “When a merger harms local markets, we want the states in the room. When it is national, we expect to lead—but we will work with our state colleagues to help us understand state and local impacts.”
- “[A] state suing as a private person must post a bond if it is seeking a preliminary injunction.”
- “Some have said that political appointees shouldn’t participate in antitrust enforcement, or at least must defer to unelected officials, also known as the ‘experts.’ . . . The real danger is when unelected officials begin convincing themselves they are entitled to ignore, delay, frustrate, or quietly sabotage those priorities [set by the president] because they believe they know better than the American voters.”
Other Interesting Antitrust Developments
U.S. On September 2, 2026, the Eastern District of Virginia issued its remedies decision in DOJ’s ad-tech case against Google. The court rejected DOJ’s request for Google to divest its AdX ad exchange or any other key ad tools, instead opting for a series of behavioral remedies.
U.S. On September 15, 2026, Federal Trade Commission chair Andrew Ferguson expressed deep skepticism about technology companies asking for antitrust exemptions to coordinate slower AI development over safety fears, likening it to regulatory moat building.
EU On September 3, 2026, the EC adopted its guidelines under Article 102 of the Treaty on the Functioning of the European Union, addressing exclusionary conduct by dominant companies that incorporate categories of abuse, such as self-preferencing, which were developed through the EC’s tech cases.
UK On September 23, 2026, the UK Competition and Markets Authority published revised proposed conduct requirements in its Digital Markets, Competition, and Consumers Act investigation of Google Search that would require Google to show users a choice screen for selecting their preferred search services. AI assistants that are “eligible providers” may be included in the choice screen.
What’s in the Pipeline?
U.S. The administration’s nomination of Adam Candeub for assistant attorney general of the DOJ Antitrust Division is pending full Senate confirmation after advancing past the Senate Judiciary Committee on September 24, 2026.
EU Press reporting suggests that the EC is open to considering ways for AI companies to “coordinate” on safety standards or testing procedures in a manner that complies with antitrust rules.
