Epic's Case Against Apple in Australia Might Be Over

Epic Games and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia, in an attempt to boost its chances of getting a favorable ruling.

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Things aren't quite going Epic's way, however, as the justice overseeing the case today decided that he's going to let the two companies battle it out in the United States.

According to Gizmodo Australia, the Australian case has been stayed for three months, and for anything to move forward, ‌Epic Games‌ has to file a lawsuit in California alleging violations of Australian Consumer Law.

Basically, the Australian judge wants Epic to file its Australian case in the United States, which would see Judge Gonzalez Rogers, who is overseeing the U.S. dispute, managing both cases. In this situation, Gonzalez Rogers would need to try the case under U.S. law, and then Australian law.

‌Epic Games‌ has three months to file the Australian lawsuit in California, and if that doesn't happen, the Australian case will be permanently stayed.

The only way that the proceedings can be brought back to the Australian court is if Judge Gonzalez Rogers declines to determine whether Apple has violated Australian law. Epic can also appeal, but an appeal won't be heard until November at the earliest.

In a statement, ‌Epic Games‌ said that it "remains committed" to its fight in Australia and around the world.

We remain committed to our fight for increased competition on digital platforms in Australia and around the world. Australian consumers have the right to install apps from the sources they choose and avoid paying excessive prices for apps. We will continue supporting the Australian government and regulators in their pursuit of fair competition in mobile app marketplaces.

Regardless of Epic's decision on the Australia case, it is currently on hold while the legal battle plays out in the United States. ‌Epic Games‌ and Apple will meet in court on May 3.

Epic's attempt to expand its fight with Apple to the UK also fizzled out after the country's Competition Appeal Tribunal rejected the lawsuit and pushed it back to the United States. As in Australia, if the U.S. courts decline to rule on relief in the United States, the case can later resume in the UK. Epic has also appealed to the European Commission, but there is no ruling from the EU as of yet.

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Top Rated Comments

djcerla Avatar
43 months ago
Epic Fail
Score: 29 Votes (Like | Disagree)
DelayedGratificationGene Avatar
43 months ago
Epic is acting irrationally because their business model is failing(the games are boring) and the CEO has to blame someone and so why not just go after the number 4 hitter. Various countries are realizing how futile this case is for Epic and they don’t want to waste any more time with it.....Let the US deal with this nonsense.
Score: 19 Votes (Like | Disagree)
LoggerMN Avatar
43 months ago
Why would an American judge bother to make a ruling that’s not based on American law nor in American jurisdiction? If I were the US judge, I’d say do your own job, I’m busy with my own.
Score: 18 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
43 months ago
Game Over Epic. You LOST.

APPLE- 1

EPIC games- 0

Truth to be told... you can’t mess with the top dogs.
Score: 14 Votes (Like | Disagree)
ruka.snow Avatar
43 months ago

I don't understand the following quote from "epic", how exactly are Australian users paying more for their apps? Is that really happening? Here's what "epic," said:

"We remain committed to our fight for increased competition on digital platforms in Australia and around the world. Australian consumers have the right to install apps from the sources they choose and avoid paying excessive prices for apps. We will continue supporting the Australian government and regulators in their pursuit of fair competition in mobile app marketplaces."
Consumers aren't paying more. Games are the same price on Steam as they are on the Epic game store or cheeper (on Steam). Steam is 30% all in, Epic is 12.5% + all the other expenses they don't cover that all the other big stores cover for developers. Regardless of Epic being more expensive, a $9.99 game is going to be the same price everywhere.
Score: 10 Votes (Like | Disagree)
Analog Kid Avatar
43 months ago

This just shows that Australia is under USA control and has nothing to say, regardless of pro Epic or con Epic.
Sad for Australian people, that Australia counts on decisions made in the US.
Trust me, if Australia was under US control, California would be sending the case to them, not the other way around.
Score: 10 Votes (Like | Disagree)