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.

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.