Epic Games will try on Monday to overturn parts of a court ruling in an antitrust trial last year that largely favored Apple.
,fortnite“The producer sued Apple Alleged that in 2020 iPhone manufacturer’s app Store The rule, which required software developers to pay commissions of up to 30 percent on in-app purchases, violated US antitrust law.
After a three-week trial last year, a judge largely sided with Apple, barring the company from labeling it an “illegal monopolist” and upholding the right to charge commissions.
But the judge found that Apple violated an unfair competition law in its home state of California and ordered the company to let developers tell users how to make in-app purchases outside its proprietary payment system.
Apple appealed the order, and epic appealed the finding that Apple did not violate antitrust laws. The two sides will argue their case before the US Ninth Circuit Court of Appeals in San Francisco on Monday, with representatives from the US Department of Justice and the state of California also present to describe relevant laws.
According to its court filing, Epic plans to argue that the trial judge misinterpreted antitrust laws. Specifically, the trial judge ruled that Apple’s contracts with developers to use its App Store did not violate antitrust laws because they were non-negotiable agreements—the developers either agreed or did not use the App Store. Could have done Epic argues that such standard agreements are still subject to antitrust laws.
Other large technology companies use similar protocols to protect access to their systems. The Justice Department, which is probing Apple and other tech companies, asked Epic to join the appeal because it said the lower court’s ruling “could significantly harm antitrust enforcement beyond the specific context of this case.”
© Thomson Reuters 2022