Epic Games is appealing Apple’s ruling

Epic Games is appealing Apple's ruling

Points Highlighted:

  • Thanks to everyone who put so much time and effort into the battle over fair competition on digital platforms, and thanks especially to the court for managing a very complex case on a speedy timeline. We will fight on.

  • Now Epic has filed an appeal (document uploaded by The Verge), which is not unexpected: immediately after the ruling was announced, CEO Tim Sweeney said the company would fight on.

— Tim Sweeney (@TimSweeneyEpic)
September 10, 2021

Epic’s lawyers haven’t gone into detail concerning the grounds on which the company is challenging the ruling, but The Verge suggests that it probably involves allegations of violating federal antitrust laws.

“Notice is hereby given,” the document reads, “that Epic Games, Inc, Plaintiff and Counter-Defendant in the above-named case, appeals to the United States Court of Appeals for the Ninth Circuit from the final Judgment entered on September 10, 2021 (ECF No. 814), and all orders leading to or producing that judgment.”

Judge Yvonne Gonzales Rogers pointed out in the ruling that while there is evidence that Apple is at least approaching a monopoly-like position, Epic failed to prove it beyond a reasonable doubt, mainly because it didn’t focus on this in its arguments.

The announcement of Epic’s appeal, while unsurprising, will nevertheless come as bad news to Apple, which would dearly love the current wave of legal and ethical challenges to the App Store to end. But the firm’s opponents will take heart from the progress they have already made; despite an apparent loss, Epic did extract one concession from Apple. As we’ve written elsewhere, the App Store is under pressure and Apple is cracking.

This article originally appeared on Macworld Sweden. Translation and additional reporting by David Price.

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