Apple urges US court to dismiss Epic’s appeal in App Store antitrust case

Apple told appeals judges on Thursday that video game maker Epic Games had shown no legal error that would warrant overturning a lower court ruling that found key App Store policies to be unenforceable. did not violate U.S. antitrust law.

Epic, known for its game Fortnite, largely lost a lawsuit last year over whether Apple’s payment rules for apps were anti-competitive. The move revealed that Apple had valid reasons for forcing some app makers like Epic to use its payment system and take 15-30% commissions on their sales.

Following the ruling, Epic appealed to the 9th U.S. Circuit Court of Appeals. Apple in its response on Thursday said Epic did not offer a reasonable alternative to App Store policies.

“Epic is asking the judiciary to fundamentally change the App Store by forcing Apple to abandon the integrated model of digital content distribution and delivery which, among many other pro-competitive benefits, helps protect user security and privacy,” indicates the court record.

Apple and Epic must file a second round of arguments before the appeals committee convenes a hearing, possibly next year. In support of Epic’s appeal, attorneys general from 34 U.S. states and the District of Columbia said in January that Apple was stifling competition through its mobile app store.

The external arguments in favor of Apple must be presented next Thursday. Pundits and critics of the lower court’s ruling said it was striking that the judge found Apple violated California’s unfair competition law, but not federal antitrust law.

Similarly, Apple, in its cross-appeal on Thursday, asked how its liability could be incurred under state law if its practices were not found to be illegal under federal law.

© Thomson Reuters 2022

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