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Epic Games Asks Supreme Court to Revisit Apple App Store Fee Dispute

Epic Games files petition to challenge Apple's App Store practices, potentially reigniting a lengthy legal battle.
Posted: Sep 28 2023
Updated: Oct 19 2023
Epic Games Asks Supreme Court to Revisit Apple App Store Fee Dispute

Epic Games, the developer behind Fortnite and the Epic Games Store, has taken its ongoing dispute with Apple to the highest legal authority in the United States.

On Wednesday, Epic Games filed a cert petition with the Supreme Court, marking a pivotal moment in their years-long clash over Apple's App Store fees and policies.

Background

The origins of this legal feud trace back to 2020 when Epic Games initiated legal proceedings against Apple. The catalyst for the lawsuit was Apple's decision to remove Fortnite from iOS devices.

This removal followed Epic Games' deliberate violation of App Store rules by offering players a direct payment option for in-game currency, effectively bypassing Apple's contentious fees. Epic's actions ignited a widespread effort to mobilize developers against Apple's established software practices.

Appeals Court Ruling

Earlier this year, Apple secured a significant victory in an appeals court battle concerning the same complaints about its App Store policies. In April, the Ninth U.S. Circuit Court of Appeals largely upheld a prior decision issued by a federal judge in the U.S. District Court for the Northern District of California.

This ruling favored Apple by rejecting most of Epic's arguments that the tech giant violated federal antitrust laws by monopolizing iOS software markets.

However, within this legal landscape, there was a notable exception. The federal judge did rule that Apple had violated California's Unfair Competition Law by restricting developers from informing consumers about alternative payment options.

This was seen as a partial victory for Epic Games, and the appeals court subsequently affirmed this decision earlier this year.

Supreme Court Appeal

With the legal battle now advancing to the Supreme Court, Epic Games has made a crucial request. They've asked for the ability for developers to direct iPhone users to payment options beyond Apple's tightly controlled ecosystem.

In August, Justice Elena Kagan rejected this request, meaning that Apple's current rules will persist unless the Supreme Court decides to intervene.

As Epic Games takes its dispute with Apple to the Supreme Court, the tech industry will closely watch the developments in this case. The outcome could potentially reshape the dynamics of app distribution and payment processing within the iOS ecosystem, impacting not only these two industry giants but also countless developers and consumers in the digital marketplace.

The Supreme Court's decision on whether to take up the case will be awaited in the coming months, setting the stage for a potentially landmark legal showdown.

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