A group of appellate judges heard from Apple on Thursday, and they said that video game maker Epic Games didn’t show any legal mistakes that would make it possible for them to overturn a lower court ruling that found that key App Store policies don’t break US antitrust law.
Epic, the company that makes the game Fortnite, lost a big part of a court case last year over whether Apple’s payment rules for apps were unfair. It said Apple had a reason for making Epic and other app makers use its payment system and take commissions of 15% to 30% on their sales. This is what the judge said:
Following the decision, Epic took the case to the 9th US Circuit Court of Appeals. Apple said on Thursday that Epic didn’t come up with a good way to change the App Store’s rules.
Epic wants the court to “fundamentally change” the App Store by forcing Apple to stop using an integrated distribution and delivery model that, among other things, protects users’ security and privacy, the court filing said.
The second round of arguments will be filed before the appeals panel decides to hold a hearing. This could happen next year. 34 US states and the District of Columbia said in January that Apple is stifling competition through its mobile app store. This is in support of Epic’s case.
There will be more arguments in favor of Apple next Thursday, so they need to be ready then. A lot of experts and people who don’t like the lower-court decision say it’s interesting that the judge found Apple broke California’s unfair competition law but not federal antitrust law.
Apple also asked how it could be held liable under state law if its practices were not found to be illegal under federal law on Thursday.
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