“Fortnite” game maker Epic Games on Sunday stated in a legal filing that it plans to appeal a ruling in its antitrust case against Apple after a federal judge on Friday, September 10, gave a mixed decision.
The judge on Friday said Apple would have to loosen some rules on developers. But the ruling favored Apple on many counts, including allowing the iPhone maker to continue its prohibition of third-party, in-app payment systems.
Epic had stated it would continue its legal fight.
The decision concludes the first part of the battle between the two companies over Apple’s App Store policies and whether they stifle competition. Apple won on 9 of 10 counts, but was found to engage in anticompetitive conduct under California law and will be forced to change its App Store policies and loosen its grip over in-app purchases. The injunction will come into effect in December.
“The Court concludes that Apple’s anti-steering provisions hide critical information from consumers and illegally stifle consumer choice,” Rogers wrote. “When coupled with Apple’s incipient antitrust violations, these anti-steering provisions are anticompetitive and a nationwide remedy to eliminate those provisions is warranted.”
Related: Disruptive Innovations on Digital Platforms: Lessons from Epic Games v. Apple in the US
However, Rogers said that Apple was not a monopolist and “success is not illegal.”
“Given the trial record, the Court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws,” Rogers wrote.
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