Epic Games

The Epic Games vs Apple case is well underway. A key part of the trial is expert witnesses, with David Evans, chairman of Global Economics Group set to be there for the Fortnite maker. Reuters has a breakdown of the significance of his, and other, appearances.

On the stand this week, Evans testified that Apple is what is known as a single-brand market, arguing that once consumers buy an iPhone, the costs of switching to an Android are so high that they rarely make the jump. Since about 2010, Evans testified, Apple’s App Store has effectively been its own market, and users rarely venture outside. After Apple kicked “Fortnite” off the App Store, Evans testified, only a small fraction of Apple users jumped to other devices like PCs or gaming consoles to play “Fortnite.”

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.