Epic says judge ‘mistaken’ in Epic Games v. Apple and demands reconsideration


Epic Games’ lawsuits against Apple, which have taken up most of 2021, are ongoing, despite the fact that both companies essentially suffered heavy losses during this gamble. However, before we move on to today’s event, let’s briefly recap how it all began.

Back in mid-2020, Epic CEO Tim Sweeney repeatedly criticized Apple for its 30% App Store commission. Epic then decided not to pay the tribute by creating an alternative payment method in Fortnite, thereby bypassing the Apple fee, to which they quickly removed Fortnite from iOS in response.

There was a major lawsuit and both companies suffered big losses last year as a split decision was reached and on Friday U.S. District Judge Yvonne Gonzalez Rogers ruled that Epic failed to prove that Apple was a monopoly and thus now it owes a commission on Apple’s earnings as a late payment. The judge also ruled that Apple cannot prevent developers from directing customers to alternative payment methods outside of its App Store, citing California competition laws.

Fast forward to the beginning of this week and there is another new development in the lawsuit. Epic claims that Judge Yvonne Gonzalez Rogers was “erroneous” in her decision that the App Store and its rules did not violate antitrust laws. Below is an excerpt from the statement:

“Epic told the Ninth Circuit Court of Appeals that the lower court judge “erred” in concluding that the App Store’s rules and restrictions did not violate antitrust laws. for in-app payments, directly excluding all competitors,” the game maker said in a statement. What’s more, Apple has “enough economic power to force developers” to use its own payment system, Epic said.

Epic asked the court to set aside the decision and return the case to U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California with instructions on how to deal with the issues raised in his antitrust lawsuit. “If this decision is not overturned, it will overturn established principles of antitrust law and, as the district court itself has acknowledged, undermine sound antitrust policy,” the statement said.

The entire document is available here.

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