Epic vs. Apple Takes a Twist As 35 US States and Department of Justice Weigh in to Back 'Fortnite' Maker

Apple is stifling competition with its monopoly on app distribution through the App Store, attorneys general for 35 states told a California appeals court on Thursday.

app store blue banner epic 1
The joint statement was submitted into the appeals process that is ongoing following the judge's decision in the Epic v. Apple lawsuit, with the attorneys general siding with the "Fortnite" video game maker on the issue, reports Reuters.

"Apple's conduct has harmed and is harming mobile app-developers and millions of citizens," the states said.

"Meanwhile, Apple continues to monopolize app distribution and in-app payment solutions for iPhones, stifle competition, and amass supracompetitive profits within the almost trillion-dollar-a-year smartphone industry."

According to the Financial Times [paywalled], the US Department of Justice also challenged last year's ruling, saying in its own submission that the court had "committed several legal errors that could imperil effective antitrust enforcement, especially in the digital economy."

The DoJ said the court had interpreted the Sherman Act, an 1890 law prohibiting anti-competitive behavior, "narrowly and wrongly, in ways that would leave many anti-competitive agreements and practices outside their protections."

The judge's decision in the Oakland, California case mostly ruled against Epic last year, although both Apple and ‌Epic Games‌ have decided to appeal the original ruling as neither company was satisfied with the outcome. ‌‌Epic Games‌‌ wanted the court to force Apple to support third-party App Stores, which did not happen.

U.S. District Judge Yvonne Gonzalez Rogers ruled that the 15% to 30% commission that Apple charges some app makers through its in-app payment system did not violate antitrust law.

Along with the states, professors and activist groups also weighed in through court filings that described legal arguments in support of Epic, according to Reuters.

The states said in their filing that the lower court erred when it decided that a key antitrust law did not apply to non-negotiable contracts Apple makes developers sign, a claim Epic also made when it first filed its appeal earlier this month.

"Paradoxically, firms with enough market power to unilaterally impose contracts would be protected from antitrust scrutiny — precisely the firms whose activities give the most cause for antitrust concern," they said in the joint statement.

Apple, which is expected to reply in March, said on Thursday it was confident Epic's challenge would fail, and that it remained "committed to ensuring the ‌App Store‌ is a safe and trusted marketplace for consumers and a great opportunity for developers."

Popular Stories

iCloud General Feature Redux

iPhone Users Who Pay for iCloud Storage Receive a New Perk

Thursday March 20, 2025 12:01 am PDT by
If you pay for iCloud storage on your iPhone, Apple has a new perk for you, at no additional cost. The new perk is the ability to create invitations in the Apple Invites app for the iPhone, which launched in the App Store last month. In the Apple Invites app, iCloud+ subscribers can create invitations for any occasion, such as birthday parties, graduations, baby showers, and more. Anyone ...
Generic iOS 19 Feature Mock

iOS 19 Coming in June With These New Features

Thursday March 20, 2025 2:04 pm PDT by
While the first iOS 19 beta is still more than two months away, there are already plenty of rumors about the upcoming software update. Below, we recap the key iOS 19 rumors so far. visionOS-Like Design In January, the YouTube channel Front Page Tech revealed a redesigned Camera app that is allegedly planned for iOS 19. According to Front Page Tech host Jon Prosser, the Camera app...
iPhone 17 Pro Render Front Page Tech

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. iPhone 17 Pro's alleged design via Front Page Tech Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone...
iOS 18

Top 5 New Features Coming in iOS 18.4

Friday March 21, 2025 3:26 pm PDT by
We're not getting new Siri Apple Intelligence features in iOS 18.4 as expected, but the upcoming update does have quite a few new additions that will be worth upgrading for. We've rounded up the five best features to look forward to, and if you're not running the beta, you can expect to get access to these in early April. Priority Notifications If you have an iPhone or iPad that supports...
Windows Vista

Apple Might Be Having Its Windows Vista Moment, Says Analyst

Thursday March 20, 2025 6:52 am PDT by
Is Apple experiencing a "Vista-like drift into systemically poor execution?" That was a question posed by well-known technology analyst Benedict Evans, in a recent blog post covering Apple's innovation and execution, or seemingly lack thereof as of late. He is referring to Microsoft's Windows Vista operating system, which was widely criticized when it launched in 2007 due to software bugs,...
apple wallet drivers license feature iPhone 15 pro teal 1

Apple Says iPhone Driver's Licenses Coming to These 8 U.S. States, But Rollout Remains Slow

Wednesday March 19, 2025 6:55 am PDT by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Unfortunately, this feature continues to roll out very slowly. It has been three and a half years since Apple first announced the...
iPhone 17 Pro Render Front Page Tech

Latest iPhone 17 Pro Dummies Highlight Apple's New Part-Glass Design

Thursday March 20, 2025 5:27 am PDT by
Seasoned leaker Sonny Dickson has shared more dummy models of Apple's upcoming iPhone 17 series, with the latest lot revealing a noticeable shift in Apple's iPhone Pro model design that goes beyond the much-talked-about new rear camera bar. Dickson points out that the iPhone 17 Pro dummy models feature an outlined area on the back, beginning just below the camera module and extending to the...
CarPlay GM EV

GM Reportedly Blocks Dealership From Installing CarPlay in Newer EVs

Friday March 21, 2025 8:22 am PDT by
A few years ago, the American automaker General Motors (GM) announced that it would be phasing out support for CarPlay and Android Auto in its new electric vehicles, in favor of its own software platform. It was a controversial decision, as many drivers who are in the market for a new vehicle consider CarPlay to be a must-have feature. Looking to capitalize on the situation, one GM...
airpods pro 2 gradient

AirPods Pro 3 Launch Now Just Months Away: Here's What We Know

Tuesday March 18, 2025 9:13 am PDT by
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for. Apart from their audio and noise-canceling performance, which are generally regarded as excellent for...

Top Rated Comments

senttoschool Avatar
41 months ago
Just the other day, I was using a friend's Oppo phone.

I tried to help my friend recover some deleted data. Naturally, I went to the Oppo/Android app store to look for "data recovery" apps. My god. What a freaking mess. Every app on there was a scam. None of them did anything except play endless ads and then scan existing data. All the reviews, sometimes 40,000+ reviews were fake.

I get the argument for 3rd party app stores. But the average consumer is going to be duped so easily by low quality app stores and apps.
Score: 51 Votes (Like | Disagree)
yabeweb Avatar
41 months ago

I hope Apple withdraws from states that do this until their technologically inept dinosaur legislators are forced to backpedal due to public backlash. If sideloading were allowed, immediately every garbage company/institution will withdraw from the app store and force you to sideload their app as the only way to get it. It'll be like when Netflix, a single beautiful cable TV replacement, was cut up into 100 individual annoying services because a bunch of companies got greedy.
According to people Apple should only sell inside it's company.

Should stop selling to China because they copy everything, should get out of India market because of work condition ... then there was EU for their warranty policies then there was Russia because they steal data... you understand that if they withdrew from any market they have some issue with it will be the end of Apple.

If Apple did what you suggest it would only lose money.

It's a corporation, not a 2-year-old picking up its ball and leaving going home.
Score: 39 Votes (Like | Disagree)
BootsWalking Avatar
41 months ago
Whatever your opinion on this matter may be, it's clear Apple will be forced to alter its App Store policy in a meaningful way. There are just too many government bodies pushing this for Apple to maintain the status quo. It's only a matter of when not if. Apple must know this too and has decided on a delaying strategy to squeeze out profits from the current structure for as long as possible.
Score: 28 Votes (Like | Disagree)
macar00n Avatar
41 months ago
I hope Apple withdraws from states that do this until their technologically inept dinosaur legislators are forced to backpedal due to public backlash. If sideloading were allowed, immediately every garbage company/institution will withdraw from the app store and force you to sideload their app as the only way to get it. It'll be like when Netflix, a single beautiful cable TV replacement, was cut up into 100 individual annoying services because a bunch of companies got greedy.
Score: 22 Votes (Like | Disagree)
PlayUltimate Avatar
41 months ago
Not a lawyer, but didn't the contract exist prior to Apple having "monopolistic" power. Would a contract that was formed prior to having that type of "control" be now made invalid due to having that "control"? Especially if the terms had not changed to substantially to take advantage of that control. If I recall when the App Store was created (2008), Apple had a 19.2% smart phone market share. Since Apple's growth took place organically without changing the the contract terms, does the changing marketpower require a change in a static contract?
Score: 21 Votes (Like | Disagree)
DelayedGratificationGene Avatar
41 months ago
These politicians are meddling in a product that is secure, private, reliable and cherished by both users and developers. Politicians, please stop wasting taxpayer time and money and focus on more important matters.
Score: 21 Votes (Like | Disagree)