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Epic Games files opening appeal brief, seeks to overturn App Store ruling

Both Apple and Epic are appealing the September 2021 App Store ruling

Epic Games Store

Fortnite-maker Epic Games filed its opening briefing to the U.S. Ninth Circuit Court of Appeals. The company seeks to overturn the previous ruling in its lawsuit against Apple, which determined that the iPhone-makers control over the App Store doesn’t qualify as a monopoly.

As pointed out by The Verge, this marks the first time Epic has laid out its appeal argument at length since the company announced it would appeal the decision in September.

Epic wrote in the filing that the “district court’s factual findings make clear that Apple’s conduct is precisely what the antitrust laws prohibit.”

The company reiterated allegations that Apple requires developers to exclusively use its App Store to distribute apps and use its in-app payment processing platform. It’s worth noting in-app payments are one area where the courts sided with Epic, handing down an injunction against Apple that required it to allow third-party payment systems on iOS apps.

However, Apple was granted a stay on that injunction while the company appeals the ruling. Apple previously called the ruling a “resounding victory.”

In the original ruling handed down in September 2021, Judge Yvonne Gonzalez Rogers determined that Apple was engaging in some anti-competitive practices, but wrote that the “court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws.”

Since then, both companies have appealed the ruling and Epic’s CEO has frequently complained about Apple on Twitter.

Via: The Verge

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