- Apple has now officially responded to the lawsuit from Epic Games, a first for the Apple-Fortnite antitrust saga.
- In the answer, Apple tries to compare Epic to store elevators running out of an Apple store with unpaid products.
- Apple is also trying to change the blame, saying that Epic Games created this problem itself.
Today, the generous battle between Apple and Epic Games took a step up. Apple filed a formal response to the lawsuit filed by Epic Games last week, claiming that Apple has monopolistic control over its App Store (via Axios).
The reaction is quite confusing, as it makes bizarre comparisons of Epic with shoplifters. It is also trying to blame Epic for its revolt against Apple’s policies, which is a strange thing to do in an anti-trust case.
The Apple-Fortnite Battle: Epic Shoplifters?
In the submission, Apple said this about Epic’s attempt to avoid Apple’s 30% cut for all in-app transactions:
If developers can avoid the digital checkout, it’s the same as if a customer leaves an Apple store without paying for a store-bought product: Apple receives no payment.
While it’s a hard comparison to make, it actually does not make sense. Epic sells its own product (Fortnite’s in-app currency, known as V-Bucks) through an app it created, so it can not really ‘shop’ its own merchandise from this hypothetical Apple store.
A more accurate comparison would be a shopping mall. Imagine that Apple had a mall – that is, a large building that housed many different retailers – and Epic Games was a store in that mall. This mall is the only one – there are no other malls around. What happens here would be related to Epic Games who normally trade but refuse to pay wages on the grounds that it thinks the fees are artificially high because Apple knew there could be nowhere else to go. Sure, this is not good (Epic refuses to pay here), but that’s much, much different than shopping.
Apple is trying to shift the blame
Elsewhere in the submission, Apple states that it will temporarily not have to return Fortnite to the App Store during the ongoing lawsuit. Apple’s reason for this is that Epic is seeking “emergency help” from a situation that is “entirely Epic’s own creation.”
This is also a very strange thing to put this filing into, because it actually accuses Epic of having Apple monopolistic control over the App Store. Epic wanted Apple to reduce or eliminate the 30% cut it takes from every Fortnite transaction through the App Store, and Apple refused, as this new storage proves. So, Epic tried to bypass this as a form of protest against what it sees as unfair control over its business. Apple kicked Fortnite off the platform in response.
Related: Here’s how to install Fortnite on Android and iOS
In other words, Epic broke the rules it says were unfair, Apple gave it the boot, and now Epic literally has nowhere else to go. Epic then asks for the opportunity to continue with their business while the lawsuit happens, and Apple refuses. Is that not the definition of a monopolistic enterprise? Epic’s entire iOS business is being held at Apple’s senses.
Apple seems to ignore the idea that, if Epic had another platform to go after to deliver Fortnite to iPhone users, it would not have to file this case. That the suit exclaims as a problem that is “completely out of Epic’s own making” is a weak claim that is likely to run apart if this makes it for a trial.
Is the App Store as Steam as the Play Store?
Finally, Apple also claims that Epic has no anti-trust case, because there are other ways users can buy mobile games. Apple cites the Google Play Store as an example, and then cites Steam. Both of these other platforms take similar cuts from products sold through their respective stores.
However, Apple does not show that if a developer does not want to sell through Steam or the Play Store, they can sell through many other stores. They could just sell it on their own and keep all the profits. This is possible on PCs and Android devices, but it is not possible on the iPhone at all. Once again, Apple is making very weak claims in these official legal submissions that can easily be torn apart in a lawsuit.
Sure, Epic Games also sues Google, accusing it of having a monopolistic business as well. That’s a much weaker case than this against Apple, although it’s possible that how this Apple case turns out can dramatically affect Google’s Play Store policy.
