Last December, Apple opened a massive new retail store in Manhattan's historic Grand Central Terminal, adding a high-profile presence to the busy commuting, tourist, and shopping hub. Apple's lease agreement with the Metropolitan Transportation Authority (MTA) was quickly questioned by government officials, who were concerned that Apple had received favorable treatment during the negotiations and was paying significant lower rent than would otherwise have been expected for the location.

The MTA countered those claims with its own statements outlining how Apple is paying four times as much rent as the restaurant it replaced while also paying $5 million to the restaurant to vacate its lease and investing in building upgrades for the new store. The agency also argued that Apple's presence would indirectly boost terminal revenue through increased traffic at other merchants that, unlike Apple, pay a portion of their revenue to the terminal.

apple store grand central front view
But the New York Post now reports that a state audit of those lease negotiations has determined that Apple did indeed receive an "unfair" edge in what was supposed to be an open competition for the space.

A fresh audit by state Comptroller Thomas DiNapoli says the MTA last May allowed the California-based tech giant to set a daunting hurdle for rival bidders to clear in a tight, 30-day window — namely, that they be willing to front $5 million in cash.

“The competitive process followed by MTA . . . was at a minimum severely slanted toward Apple,” reads the report, submitted to MTA officials Friday and expected to be made public today.

The state comptroller's office has announced the release of the audit report, revealing that Apple and the MTA had been in negotiations for the space for over two years and that Apple had already made payments to the vacating restaurant before the space was publicly opened for proposals.

"While Apple may turn out to be a good tenant, the MTA set a troubling precedent when it played favorites and gave Apple a competitive edge over others for the Grand Central space," DiNapoli said. "Apple was directly involved in setting the terms of the lease and given exclusive access to information more than a year before any other vendor knew the Grand Central location was available. The company even signed a $2 million agreement with the current tenant to vacate its space five days before the MTA issued the RFP.

In response to the audit, the state is proposing increased oversight on competitive public authority contracts, a move which give the comptroller's office more authority to examine such agreements before they are finalized.

In a statement responding to the audit, MTA Chairman and CEO Joseph Lhota called the results "not fact-based" and "worthless", also accusing the comptroller's basis of "overt bias" against both the MTA and Apple in declaring that the process was not open and transparent.

Top Rated Comments

JBunkers Avatar
154 months ago
Who's slanted here?

So the state comptroller conducts an audit which finds that the state comptroller should have more power?

I think the audit is "at a minimum severely slanted toward the Comptroller". :rolleyes:
Score: 13 Votes (Like | Disagree)
shartypants Avatar
154 months ago
What a waste of taxpayer money doing the audit, sometimes I think government people just look for ways to justify their jobs instead of doing something useful.
Score: 11 Votes (Like | Disagree)
ConCat Avatar
154 months ago
Looks like the free market is dead. Apple got favorable treatment because having an Apple store in you station increases revenue from all of your shops due to increased foot traffic. I don't see how this is any of their concern. Clearly, people have been enjoying the Apple store.

Really, the free market is a beautiful thing. It works well, and both sides are happy. You give me a product or service I want, and I give you money so you can buy a product or service you want. Really, that's all there is to it. We have not lived in a true free market for almost a century now.
Score: 9 Votes (Like | Disagree)
Slovak Avatar
154 months ago
the state is proposing increased oversight on competitive public authority contracts, a move which give the comptroller's office more authority to examine such agreements before they are finalized.

Translation: Nobody asked us, nobody greased our pockets.
Score: 5 Votes (Like | Disagree)
Mad-B-One Avatar
154 months ago
Looks like the free market is dead. Apple got favorable treatment because having an Apple store in you station increases revenue from all of your shops due to increased foot traffic. I don't see how this is any of their concern. Clearly, people have been enjoying the Apple store.

Really, the free market is a beautiful thing. It works well, and both sides are happy. You give me a product or service I want, and I give you money so you can buy a product or service you want. Really, that's all there is to it. We have not lived in a true free market for almost a century now.

I agree with you but I also think that a free market is not needed for Pareto efficiency. To be honest, this was a mutual goal of MTA and Apple to get the store there. The reason why the bidding wasn't "open" is quite simple: No one would be able to outbid the benefits an Apple Store gets to Central Station simply because of the traffic effect. MTA was looking for a magnet, Apple for a location. Now, find one business (other than a casino) that would have the same effect and would pay the renovation needed and can (and is willing to) pay the rent on top of it.

PS: The auditor should also read up on the Nash equilibrium... that would help and point towards the flaws in his arguments.
Score: 5 Votes (Like | Disagree)
Swift Avatar
154 months ago
Politics. If somebody couldn't put up $5 million, how on earth could they lease the space? Who exactly was cut out? Look no further than the Murdoch filth, the NY Post. Is some different series of regulations necessary? Maybe so. Note: this is a great business deal for Grand Central. Any businessman would see that. But apparently, the Post never saw a public bureaucracy they liked. Gee, was Bain Capital thinking of buying Grand Central and moving it to Mexico?
Score: 5 Votes (Like | Disagree)

Popular Stories

iOS 18 Apple Music Messages and Notes Feature 1

iOS 18 Rumored to Add New Features to These 16 Apps on Your iPhone

Tuesday April 30, 2024 10:44 am PDT by
Apple is expected to announce iOS 18 during its WWDC keynote on June 10, and new features have already been rumored for many apps, including Apple Music, Apple Maps, Calculator, Messages, Notes, Safari, and others. Below, we recap iOS 18 rumors on a per-app basis, based on reports from MacRumors, Bloomberg's Mark Gurman, and others: Apple Maps: At least two new Apple Maps features are...
apple watch ipad demo 1

Check Out This Apple Watch iPad Demo Unit From 2014

Wednesday May 1, 2024 1:46 pm PDT by
With the 10th anniversary of the Apple Watch approaching, we thought it would be fun to take a look back at an interesting bit of Apple Watch history. After the Apple Watch was announced in 2014, and before it became available in 2015, Apple sent out custom Apple Watch iPad demo kiosks to retail stores. The Apple Watch and iPad units used for these devices were specially designed, had custom ...
maxresdefault

Will the New iPad Pro Really Have the M4 Chip?

Wednesday May 1, 2024 8:30 am PDT by
While Apple's upcoming iPad Pro models have been expected to feature the M3 chip for over a year, recent reports have unexpectedly suggested that the new devices will instead feature the as-yet-unannounced M4 chip. Subscribe to the MacRumors YouTube channel for more videos. Last week, Bloomberg's Mark Gurman said that he now believes there is a "strong possibility" that the upcoming iPad Pro ...
ios 17 5 repair state

iOS 17.5 Includes 'Repair State' Option That Doesn't Require Turning Off Find My for Service

Tuesday April 30, 2024 1:24 pm PDT by
With iOS 17.5, Apple is adding a "Repair State" feature that is designed to allow an iPhone to be sent in for service without deactivating Find My and Activation Lock. The fourth iOS 17.5 beta that came out today adds a "Remove This Device" option for all devices in Find My, and using it with an iPhone puts that iPhone into the new Repair State. Right now, sending an iPhone to Apple to be...
Apple CarPlay Dash

Report Examines GM's Controversial Move to Abandon Apple CarPlay

Wednesday May 1, 2024 4:53 am PDT by
An in-depth Bloomberg report today resurfaced General Motors' decision to replace Apple CarPlay with its own software. Last year, GM announced that it planned to forgo Apple CarPlay in its new electric vehicles, starting with the 2024 Chevrolet Blazer EV. Instead, the automaker introduced a proprietary infotainment platform, aiming to control and customize the digital experience within its...
Airpods Pro 2 Discount Feature Triad

Amazon's New Apple Sale Has Best-Ever Prices on AirPods Pro, Studio Display, Apple Pencil, and More

Tuesday April 30, 2024 7:31 am PDT by
Amazon today kicked off numerous discounts across multiple Apple products and accessories, the highlight being the AirPods Pro 2 with USB-C for $179.99, down from $249.00. You'll also find deals on the Apple Pencil 2, AirTags, and Studio Display. Note: MacRumors is an affiliate partner with Amazon. When you click a link and make a purchase, we may receive a small payment, which helps us keep...
maxresdefault

Apple Announces 'Let Loose' Event on May 7 Amid Rumors of New iPads

Tuesday April 23, 2024 7:11 am PDT by
Apple has announced it will be holding a special event on Tuesday, May 7 at 7 a.m. Pacific Time (10 a.m. Eastern Time), with a live stream to be available on Apple.com and on YouTube as usual. The event invitation has a tagline of "Let Loose" and shows an artistic render of an Apple Pencil, suggesting that iPads will be a focus of the event. Subscribe to the MacRumors YouTube channel for more ...