Apple has won an appeal against the UK’s Competition and Market Authority (CMA) over plans to launch an investigation into its mobile browser and cloud gaming services.

The CMA opened a full investigation into both Apple and Google’s dominance in mobile browsers last November, with a further probe into the restrictions Apple has placed on the cloud gaming market through its app store.

However, the Competition Appeal Tribunal (CAT) has ruled in favour of an appeal from Apple, which successfully argued that the CMA had “no power” to launch a probe as it did so too late.

The iPhone maker’s lawyer in the case said that the CMA should have launched an investigation last June after it published a report on the “effective duopoly” of Apple and Google.

The CAT said that the CMA "erred in law" when it declined to take action in the expectation of receiving further powers.

A spokesperson for the CMA said: “We are disappointed with today’s judgement. We made this market investigation reference to make sure that UK consumers get a better choice of mobile internet services and that UK developers can invest in innovative new apps. Our concerns, and the reasons why we launched our market investigation, were not challenged by Apple.

The regulator also said that the ruling "risks undermining the CMA's ability to efficiently and effectively investigate and intervene in markets where competition is not working well," and that it would consider seeking permission to appeal.

Apple meanwhile issued a statement praising the ruling. It said: "We are pleased with the Competition Appeal Tribunal's decision and will continue working to deliver support for developers and a safe and secure experience for users.”

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