Apple looks to be prevailing in Epic Games ‘antitrust’ trial

Apple looks to be prevailing in an “antitrust” trial vs. Epic Games over Apple’s App Store agreements and fees.

Epic Games' Fortnite violated Apple's App Store guidelines
Epic Games’ Fortnite violated Apple’s App Store guidelines

Michael Liedtke for The Associated Press:

But the tech giant’s apparent edge has been carved out amid nagging questions about the financial vise it holds people in when they buy digital services on iPhones, iPads and iPods.

Apple has collected a 15% to 30% commission on those in-app purchases for the past 13 years, fueling a moneymaking machine that has helped the company increase its market value from about $150 billion in 2008 to more than $2 trillion today.

MacDailyNews Take: As if the sale of 1+ billion iPhones, iPads, Macs, etc. aren’t responsible for Apple’s valuation. No, it’s the relatively paltry take from standard App Store fees. Give us a break, AP.

Those apps avoid a commission when their customers pay for their services through other options, such as a web browser. But Apple forbids apps from posting any links or making any other suggestions that steer people toward those other alternatives.

MacDailyNews Take: Remarkably, to the AP lie machine, at least, Apple does exactly the same thing as any other store on earth – all of which bar advertising other stores within them, certainly for free.

The anti-steering provision prompted Epic Games, the maker of the popular video game Fortnite, to sue Apple last year and set the stage for the trial now approaching the end of its second week in an Oakland, California, courtroom.

MacDailyNews Take: Which, when all is said and done, Epic Games will rightfully lose.

To prevail, Epic will have to persuade U.S. District Judge Yvonne Gonzalez Rogers that Apple’s app store has become a monopoly that has enabled the Cupertino, California, company to engage in price gouging…

Antitrust expert Herbert Hovenkamp, a law professor at the Wharton School of the University of Pennsylvania, said he doubts Gonzalez Rogers will agree with Epic’s narrow market definition. And that, he said, gives Apple the clear upper hand in the case so far. “This is a case about market power, so even if there is bad behavior going on, it won’t make a difference if Apple isn’t (judged) a monopolist,” Hovenkamp told The Associated Press.

MacDailyNews Take: This trial is a ginned up farce and deserves to end with an Epic failure.


      1. The Arizona Senate Republican Caucus are the folks who have spent $150,000 in taxpayer funds on an “audit” by unqualified and inexperienced political hacks who have prejudged their conclusions and destroyed the actual audit trail by mishandling the evidence. Let’s wait and see what the courts say about all this.

        1. Oh, good, you’re finally concerned about money being spent by politicians.

          Let’s start with what the “Biden administration” (as if he even knows his nurse’s name today) costs just your home state of Texas:

          • Texans pay between $579 million and $717 million each year for public hospital districts to provide uncompensated care for illegal aliens.

          • Texans paid $152 million to house illegal criminal aliens for just one year.

          • Texans pay between $62 million and $90 million to include illegal aliens in the state Emergency Medicaid program.

          • Texans paid more than $1 million for The Family Violence Program to provide services to illegal aliens for one year.

          • Texans pay between $30 million and $38 million per year on perinatal coverage for illegal aliens through the Children’s Health Insurance Program.

          • Texans pay between $31 million and $63 million to educate unaccompanied alien children each year.

          Last month, I spent more on a vehicle than the Arizona Senate Republican Caucus has spent on an audit to help bolster badly damaged confidence in election integrity.

          1. Your figures are grossly inflated, but why quibble with details when your basic premise is that we should base whether tax paying Texas residents live or die on their immigration status. You think the brown bastards should die. I think we should follow the federal laws that require providing care to anybody who presents with a life-threatening emergency.

        2. Did you think Republicans were going to let the trustworthy Democrats to do the audit? Democrats can’t even abide by the rules THEY themselves set for elections. Oh, and let’s not forget the Democratic designed ‘Butterfly’ ballot that “confused” the Left as the “reason” giving Gore the loss and the Florida recount in 2000. If there is crappy elections, Democrats are not too far behind.

      2. Are you seriously at this again? Wasn’t 4 years of Trump enough to satisfy you? Or are you worried that Biden will be the Obama sequel you didn’t ask for?

        1. If Obama’s presidency were a movie, it would have gone straight to DVD.

          Biden? That old coot and the people he got running things for him and screwing up royally. His presidency, if a movie, would have gone straight to VCR, while Biden struggles to figure out how to solve that blinking 12:00 on his VCR player

  1. Fortnite is the most overrated game anyway. If the company is going to act like this to Apple, then forget them. Not having this game on iPhones or Macs isn’t a big deal anyway, you’re missing out on nothing.

  2. Brembo to Ford: We demand you ship your F150 with brakes that can be easily removed, or no brakes at all, and allow us to set up across dealer streets to easily install our accessories as you are a monopoly with tight control!

    Um, no. We are not a monopoly, and we design our vehicle to be secure, safe and meet the needs of our customers, and we sell your stuff in the dealers stores, and online accessory store…

    This is so dumb…

  3. MDN is spot on as usual, also MDN – please remove the constant POLITICAL garbage that occurs constantly in the comment section, thanks !

    1. Optimistic request, but I’ve learned a long time ago that political trolling gives them hits. I love the site, but I wish it didn’t have to be this way.

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