Epic Wins Appeal to Continue Antitrust Case Against Apple in Australia

Australia's Federal Court has permitted Epic Games to sue Apple, reversing a previous ruling that said the two companies had to battle it out in the United States first before any legal action could take place Down Under.

app store blue banner epic 1
Epic and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia last November, in an attempt to boost its chances of getting a favorable ruling.

Epic's case in Australia follows much of the same argument in the U.S., claiming that Apple is a monopoly and that the ‌App Store‌ and in-app purchasing system are unfair.

Apple argued that the case was already being tried in California courts, and won a three-month stay on the Australian action that would become permanent unless Epic filed a lawsuit in California alleging violations of Australian Consumer Law.

Epic appealed that decision in April, and on Friday morning three Federal Court judges duly granted it, finding that the presiding judge who permitted the stay of action had failed to consider that the lawsuit involves public interest issues, which take priority over exclusive jurisdictional stipulations. Epic said it was pleased with the outcome.

"This is a positive step forward for Australian consumers and developers, who are entitled to fair access and competitive pricing across mobile app stores," the company said in a statement. "We look forward to continuing our fight for increased competition in app distribution and payment processing in Australia and around the world."

Apple said it would appeal the decision, on grounds that its contract with Epic requires that the two companies litigate in California.

"The initial decision in April from Australia's Federal Court correctly ruled that Epic should be held to the agreement it made to resolve disputes in California," said Apple in a statement. "We respectfully disagree with the ruling made today and plan to appeal."

Apple in March told an Australian court that Epic's legal challenge against the ‌App Store‌ is "self-serving," and that all the software company aims to do is "redefine the terms of access" that it's always been subject to on Apple's platforms.

The three-week ‌Epic Games‌ v. Apple trial wrapped up in the States in late May, but it could be several weeks before we learn of the verdict, and it's quite likely that any decision will be appealed, so this is a lawsuit that could carry on for months to come both in the U.S. and abroad.

(Via The Australian Financial Review.)

Top Rated Comments

iOS Geek Avatar
20 months ago

If epic win , you can still choose not to sideload

It's time to let apple be open
If you want "open"...I'm going to drag out the same tired repetitive statement...you have another option. People are all about having a "choice" but forcing Apple to open...TAKES AWAY THAT CHOICE! Many of us chose Apple because it's closed and we didn't want "open" Android. Force Apple to open and now your choices are "open" or... "open". That's not a choice.

You already have an "open" choice. For **** sake, stop trying to take away the only "closed" one for those of us who want it. The level of irony is astounding. In the hope to provide "choice" you actually want to take it away.
Score: 15 Votes (Like | Disagree)
mymacrumorsname Avatar
20 months ago

Loving it! ? Governments are finally waking up, and will beat the hell out of these shady companies like Apple and Google.
I’m looking forward to side loading.
What would be the advantage to that, to side loading? Or in other words, why do you want / need that?
Score: 12 Votes (Like | Disagree)
Kirkster Avatar
20 months ago
The only winners are the lawyers.

If you want to sideload the latest spyware/malware from China, Russia, Nigeria, etc there is already a device for that, Knock yourselves out.

I don’t mind paying for apps that fit my needs, but I am loath to be the product, that seems to be the current business model of Google, Facebook, Microsoft, and many others.

I find value in the walled garden that is the App Store. Do they catch every bad actor? No one ever will, but they do a better job of protecting their user base than most. Nothing is perfect but I like the steps that apple has been taking for security and privacy far more that the other manufacturer where you are their product.
Score: 12 Votes (Like | Disagree)
Absolute Trainwreck Avatar
20 months ago

It’s not whatever though. Your sister, well she decided to sideload apps and got a really nasty one. Now all your info that was in her phone, your location, your text, your photos, oh yeah don’t forget that 20 dollars you texted her with Apple Pay… welp now that bad app has all your info and broke your Apple Pay security.
And you didn’t even have to side load an app. ?
Someone has no idea how software works lmao
Score: 10 Votes (Like | Disagree)
SurferPup Avatar
20 months ago
I'm one Aussie that Epic Failure and Aussie Torment Office (our version of your IRS) will make no money from the sale of their games in or outside of the App Store. I hope Epic financially haemorhrage fatally here. Our stupid Government should stay out of what is essentially an American legal court battle.
Score: 10 Votes (Like | Disagree)
RavynArcadia Avatar
20 months ago

Parler!

I don’t want Apple to tell me which app can or can’t be installed.
I wouldn’t call parler being usable via sideloading an advantage.
Score: 10 Votes (Like | Disagree)

Popular Stories

iPhone trade in

Apple Adjusts Trade-In Values for iPhones, Macs, and More

Wednesday January 25, 2023 9:40 am PST by
After announcing new Mac and HomePod models last week, Apple adjusted its trade-in values for select devices in the United States. iPhone trade-in values decreased by up to $80, and most Android smartphones also went down. Mac trade-in values remained unchanged or increased by up to $40 depending on the model, while some Apple Watch models increased in value and others decreased. Trade-in...
iPhone 14 Pro Purple Side Perspective Feature Purple

iPhone 15 Pro Expected Later This Year With These 7 Exclusive Features

Tuesday January 24, 2023 4:53 pm PST by
Apple's next-generation iPhone 15 Pro and iPhone 15 Pro Max are expected to be announced in September as usual. Already, rumors suggest the devices will have at least seven exclusive features not available on the standard iPhone 15 and iPhone 15 Plus. An overview of the seven features rumored to be exclusive to iPhone 15 Pro models:A17 chip: iPhone 15 Pro models will be equipped with an A17...
Mac mini M2 2023

New 256GB Mac Mini and 512GB MacBook Pro Have Slower SSD Speeds Than Previous Models

Tuesday January 24, 2023 1:11 pm PST by
While the new Mac mini with the M2 chip has a lower $599 starting price, the base model with 256GB of storage has slower SSD read and write speeds compared to the previous-generation model with the M1 chip and 256GB of storage. A teardown of the new Mac mini shared by YouTube channel Brandon Geekabit reveals that the 256GB model is equipped with only a single 256GB storage chip, while the...
apple tv 4k red image

Apple Releases tvOS 16.3

Tuesday January 24, 2023 10:10 am PST by
Apple today released tvOS 16.3, the third major point update to the tvOS 16 operating system that originally came out in September. Available for the Apple TV 4K and Apple TV HD, tvOS 16.3 comes six weeks after tvOS 16.2, an update that added Apple Music Sing. The tvOS 16.3 update can be downloaded over the air through the Settings app on the ‌‌‌‌Apple TV‌‌‌‌ by going to System > Software...
watchOS 9 Feature

Apple Releases watchOS 9.3 With New Watch Face, Bug Fixes

Monday January 23, 2023 10:06 am PST by
Apple today released watchOS 9.3, the third major update to the watchOS 9 operating system that first launched in September. watchOS 9.3 comes over a month after watchOS 9.2, an update that added new Workout functionality and Crash Detection optimizations. watchOS 9.3 can be downloaded for free through the Apple Watch app on the iPhone by opening it up and going to General > Software Update. ...
iOS 16

iOS 16.3 for iPhone Launching Next Week With These 4 New Features

Friday January 20, 2023 11:43 am PST by
In a recent press release, Apple confirmed that iOS 16.3 will be released to the public next week. The software update will be available for the iPhone 8 and newer and includes a handful of new features, changes, and bug fixes. Below, we've recapped bigger features in iOS 16.3, including support for physical security keys as a two-factor authentication option for Apple ID accounts, worldwide ...
maxresdefault

Hands-On With the New M2 Pro Mac Mini

Tuesday January 24, 2023 1:45 pm PST by
The new M2-series MacBook Pro and Mac mini models launched today, marking the debut of the first M2 Pro and M2 Max chips. We have the M2 Pro Mac mini on hand, and thought we'd take a look at the machine and do a series of benchmarks to see how it fits into Apple's lineup. Subscribe to the MacRumors YouTube channel for more videos. Base model Mac mini machines come with either an M2 or M2 Pro...
Ventura Macs Feature Blue

Apple Releases macOS Ventura 13.2

Monday January 23, 2023 10:09 am PST by
Apple today released macOS Ventura 13.2, the second major update to the macOS Ventura operating system initially released in October. macOS Ventura 13.2 comes more than a month after macOS Ventura 13.1, an update that added the Freeform app and other changes. The ‌macOS Ventura‌ 13.2 update can be downloaded for free on all eligible Macs using the Software Update section of System...