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Knocked down once on the court, Epic Games tries again
Epic Games once again hopes to persuade a judge to order Apple to return Fortnite to the App Store
But this violated the terms and conditions that Epic agreed to when signing with Apple for Fortnite to appear on the App Store. In an attempt to prevent Apple from taking action, Epic went to court seeking a Temporary Restraining Order (TRO) that would prevent Apple from taking the threatened action against it. But the judge declined to do so, claiming that Epic could solve its own problem simply by removing the direct payment option from the game.
Epic breaks Apple’s rules by offering its own direct payment system to Fortnite users
In the filing, Epic wrote: “In summary, charged with antitrust violations for misusing its power to create and maintain two monopolies, Apple used that same power to attempt to coerce Epic to comply with its illegal restrictions. The Court it must not allow Apple to enforce these restrictions. “
As he wrote in the original presentation about two weeks ago, Epic says it is “likely to be successful on the merits” and notes that Apple’s rules give it a monopoly power to distribute iOS applications and process payments within the application. . Based on the legal document it filed last night, Epic believes it should be successful at heart because Apple has a monopoly on the iOS app distribution market, Apple illegally maintains a monopoly on the iOS app distribution market, Apple’s linking of the App Store and IAPand Apple’s linking unreasonably restricts commerce and illegally maintains its monopoly on the payment processing market in the iOS app. During the original court battle that took place last month, also over Zoom, United States District Judge Yvonne González Rogers did not bite Epic’s line that she is likely to succeed on the merits of the case. . She was also not convinced that Epic would take great harm by removing Fortnite from the App Store.
“Apple absolutely prohibits any competition in any of the markets, leaving Apple free to impose distribution and processing terms without the control of competitive forces,” says Epic. The game’s developer says it is not trying to force Apple to handle app distribution and in-app payments for free. Instead, you simply want the ability to “not use Apple’s App Store or IAP (in-app payment), and instead use and offer competitive services.”
A hearing via Zoom is scheduled for September 28.
