Amazon and Microsoft’s cloud dominance referred for UK competition probe
Ofcom said it received evidence showing Microsoft makes it less attractive for customers to run its Office productivity apps on cloud infrastructure other than Microsoft Azure.
Igor Golovniov | Sopa Images | Lightrocket via Getty Images
Britain’s anti-competition regulators have been tasked with investigating Microsoft and Amazon‘s dominance of the cloud computing market.
Media watchdog Ofcom on Thursday referred its inquiry for further investigation to the Competition and Markets Authority, kickstarting the process.
Ofcom said that it had identified features which make it more difficult for U.K. businesses to switch cloud providers, or use multiple cloud services, and that it is “particularly concerned” about the position of market leaders Amazon and Microsoft.
“Some UK businesses have told us they’re concerned about it being too difficult to switch or mix and match cloud provider, and it’s not clear that competition is working well,” Fergal Farragher, Ofcom’s director responsible for the market study, said in a statement Thursday.
“So, we’re referring the market to the CMA for further scrutiny, to make sure business customers continue to benefit from cloud services.”
Ofcom is concerned that so-called “hyperscalers” like Amazon Web Services and Microsoft Azure are limiting competition in the cloud computing market. These are companies that allow businesses of all stripes to carry out critical computing tasks — like storage and management of data, delivery of content, analytics and intelligence — over the internet, rather than through servers stored on site, or “on premise.”
AWS and Microsoft Azure are the biggest players in the market. AWS’ cloud solution is primarily targeted at startups, while Microsoft prioritizes big enterprises. AWS and Microsoft Azure account for roughly 60% to 70% of cloud spend, according to an Ofcom estimate. Combined, Amazon, Microsoft and Google generate roughly 81% of revenues in the U.K.’s cloud infrastructure services market, according to Ofcom, which estimates the market to be worth £15 billion ($18.2 billion).
The CMA probe comes amid the fast adoption of AI — cloud services, which are enabled by vast data centers, underpin many of the power-intensive generative AI models, such as OpenAI’s ChatGPT, Microsoft’s Bing Chat and Google’s Bard.
The Competition and Markets Authority said in a statement that it welcomes the Ofcom probe referral, adding that the cloud space “underpins a whole host of online services – from social media to AI foundation models.”
“Many businesses now completely rely on cloud services, making effective competition in this market essential,” Sarah Cardell, CEO of the CMA, said in a statement Thursday.
“Strong competition ensures a level playing field so that market power doesn’t end up in the hands of a few players – unlocking the full potential of these rapidly evolving digital markets so that people, businesses, and the UK economy can get the maximum benefits.”
The CMA’s independent inquiry group will now examine the market and identify what, if any, action should be taken. The CMA will conclude its investigation by April 2025.
Competition concerns
Ofcom, the agency responsible regulating technology, broadcast and telecom operations in the U.K., said that it identified a number of practices in the cloud industry that were of particular concern.
The regulator said that so-called “egress fees” charged by cloud vendors like Amazon and Microsoft make it tougher for businesses to move their data between providers, or to “multi-cloud” by using multiple cloud providers. Egress fees are charges for cloud companies to remove the data of firms from a cloud environment.
Ofcom also said that cloud companies have introduced “technical barriers” to interoperability — the ability of different cloud platforms and services to work together and exchange data without any barriers or disruptions. The authority said that this “makes it more difficult [for firms] to combine different services across cloud providers or to change provider.”
Lastly, Ofcom raised alarm bells over committed spend discounts, or incentives to give customers a discount if they spend a certain amount of money. While this can reduce customer costs, it also encourages companies to use a single cloud provider for all or most of their cloud needs, even when a cheaper alternative is available.
Competing cloud firms including Google, as well as regulators, have flagged concerns with Microsoft Azure, in particular — namely, allegedly unfair licensing terms that serve to “lock in clients,” keeping them attached to only Microsoft’s technology and making it harder to switch to other providers.
Microsoft’s cloud licensing terms are the subject of a separate European Union inquiry. The EU isn’t formally investigating Microsoft’s Azure cloud computing platform, but it has been assessing complaints from companies including France’s OVHCloud about Microsoft’s licensing terms.
Singapore authorities are investigating artificial intelligence computing firm Megaspeed, a customer of American AI chipmaker Nvidia, for allegedly helping Chinese companies evade curbs on U.S. chip exports.
“The Singapore Police Force confirms that investigations are ongoing into Megaspeed for suspected breaches of our domestic laws,” the police told CNBC in an email.
The probe comes as the New York Times reported Thursday that the U.S. Commerce Department was also investigating whether Megaspeed skirted American export controls, citing anonymous officials and other people familiar with the matter.
The twin investigations into Megaspeed could raise questions about Nvidia’s ability to track its chip exports effectively and to comply with U.S. restrictions on the sale of its most advanced AI chips to China.
According to an Nvidia spokesperson, the company had engaged the U.S. government on the matter and performed its own inquiry, without identifying “any reason to believe products have been diverted.”
“NVIDIA visited multiple Megaspeed sites yet again earlier this week and confirmed what we previously observed—Megaspeed is running a small commercial cloud, like many other companies throughout the world, as allowed by U.S. export control rules,” they said in a statement shared with CNBC Friday.
Megaspeed didn’t immediately respond to a request for comment, nor did the U.S. Commerce Department.
The Times reported that Megaspeed, which spun off from a Chinese gaming company in 2023, bought nearly $2 billion worth of Nvidia’s most advanced products through its subsidiary in Malaysia.
Export loophole concerns
The case surrounding Megaspeed highlights broader concerns about the effectiveness of U.S. export restrictions on advanced technologies, such as Nvidia’s AI processors.
The U.S. government has, for years, restricted sales of advanced AI chips to China, citing concerns they could strengthen Beijing’s military and give it an edge in broader AI development, among others.
But experts and lawmakers in Washington have long warned about loopholes in Washington’s export controls, while reports indicate that a massive black market for smuggled Nvidia chips has also emerged.
The House Select Committee on China in April questioned Nvidia’s shipment of chips to China and Southeast Asia after reports that Chinese AI start-up DeepSeek used the company’s chips to train a groundbreaking AI model.
Just a few months prior, Singapore had launched a separate probe into the alleged smuggling of restricted Nvidia chips, which were declared bound for Malaysia but may have been diverted elsewhere, including China.
In response to such cases and mounting U.S. pressure, Malaysia announced in July that it would begin requiring permits for all exports and transfers of Nvidia chips.
Outsourcing to Southeast Asia?
Chinese companies have also exploited a legal gray area by tapping into computing power from data centers in Southeast Asia equipped with restricted Nvidia chips, according to recent reports.
For example, Megaspeed was using its Nvidia chips for data centers in Malaysia and Indonesia, which appeared to be remotely serving customers in China, according to the Times.
Nvidia didn’t directly address this claim, but said in its statement that the Trump administration’s recent AI Action plan “rightfully encourages businesses worldwide to embrace U.S. standards and U.S. leadership, benefiting national and economic security.”
The Trump administration has recently signaled interest in ensuring Nvidia maintains its global market dominance — even in China — though its AI Action plan also called for strengthening enforcement of export controls globally.
Lawmakers in Washington have also proposed bills that could see Nvidia required to outfit its chips with tracking systems.
Such proposals have received pushback from Beijing, which froze imports of Nvidia’s chips after the Trump administration said it would roll back restrictions on some of the firm’s chips made specifically for China.
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