App Store Antitrust Allegations Unresolved, Apple Urges Court To Dismiss Epic Games Appeal

JAKARTA - Apple Inc argued in a court letter on Thursday, March 24, that an appeal by Epic Games failed to demonstrate legal wrongdoing by a US District Court judge in ruling the case that the iPhone maker did not violate antitrust laws last year.

Apple has repeatedly told judges that Epic failed to show and failed to prove the facts in its case.

Epic lost most of its trials last year to Apple's payment rules for anti-competitive apps. The decision finds the exact reason why Apple is forcing some app makers like Epic to use its payment system and take 15% to 30% commission on their sales.

Following the ruling, Epic appealed to the Ninth US Circuit appeals court.

In a reply on Thursday, Apple said Epic had failed to propose a reasonable alternative to its App Store policies.

"Epic asked the Court to fundamentally change the App Store by forcing Apple to abandon its integrated distribution and digital content delivery model that, among many other pro-competitive benefits, helps maintain user security and privacy," the court filing said.

Apple and Epic are scheduled to present a second round of arguments before an appeals panel holds a hearing, which is expected to take place next year.

In support of Epic's appeal, in January, 34 attorneys general from the US state and the District of Columbia said that Apple was hindering competition through its mobile app store. While external arguments in favor of Apple are scheduled for next Thursday.

Experts and critics from the lower court said the judge found not a violation of Apple's federal antitrust laws, but a violation of California's unfair competition law.

Similarly, Apple, in a cross-appeal last Thursday, questioned how liable it would be, under state law, if the practice was not found to be illegal under federal law.