Epic Games Versus Apple: A Legal Overview

Since it began on Monday, we have heard various bits of information coming out of the Epic Games trial against Apple. MacStories‘s John Voohres was a lawyer for many years and gave an outline of what we can expect as the case develops.

There is no legal prohibition against formulating a business strategy with the assistance of professionals to deal with a competitor. However, Epic’s actions arguably demonstrate a level of bad faith that could undermine its antitrust case, something Judge Gonzalez Rogers has essentially suggested at previous hearings. A very old legal principle that is known as the doctrine of ‘unclean hands,’ which Apple has raised and is based on the equitable notion that manufactured disputes should be discouraged, could prevent Epic from winning some or all of its claims, regardless of their merits.

Apple And Epic Reveal Their Legal Arguments in Upcoming App Store Trial

New filings reveal the legal arguments that Apple and Epic plan to make in their App Store trial. Bloomberg News outlined the details of the respective cases, which the companies presented to a judge on Thursday. None of it is hugely unexpected, but it is worth being aware of as we follow the trial, which will begin on May 5

In a summary of its legal arguments, Apple contends the 30% commission it charges most developers isn’t anticompetitive, but that it’s a typical fee across other mobile and online platforms. Moreover, Apple argues that taking a share of the revenue is justified by the billions of dollars it has invested in developing the proprietary infrastructure that underpins its App Store in the company’s iOS operating system, including software development kits and application programming interfaces. “Epic has benefited handsomely from its contractual relationship with Apple,” Apple’s court submission said. “Epic has used Apple’s proprietary SDKs, and thousands of proprietary APIs to develop games for iOS users.”

Epic Games Submits Complaint Against Apple in UK

The latest move in the Epic v Apple legal battle involves the former expanding its complaint to other countries. This was made public [PDF] by the Competition Appeal Tribunal of the UK.

This is an important argument to make on behalf of consumers and developers in the U. K. and around the world who are impacted by Apple and Google’s misuse of market power. Epic is not seeking damages from Apple or Google in the U. K., Australia or the U. S., it is simply seeking fair access and competition that will benefit all consumers.