Epic Games asks U.S. Supreme Court to review Apple App Store ruling

Fortnite-peddler Epic Games has asked the U.S. Supreme Court to review a judge’s 2021 ruling that Apple’s App Store policies don’t violate federal antitrust laws.

U.S. Supreme Court
U.S. Supreme Court

Malathi Nayak for Bloomberg News:

The Supreme Court, per its regular schedule, could decide by the end of the year whether it will take up the case.

In a decision issued two years ago following a trial, a federal judge in Oakland, California, largely rejected Epic’s claims that Apple’s online marketplace policies violated federal law by barring third-party app marketplaces on its operating system.

In April, the 9th US Circuit Court of Appeals affirmed the trial judge’s decision. But the appeals panel also upheld a part of the judge’s ruling in Epic’s favor, in which she found that Apple flouted California state law by blocking developers from letting consumers know about alternative payment methods.

Apple is expected to file its own petition with the Supreme Court challenging the portion of the ruling in favor of Epic before a Sept. 28 deadline.

MacDailyNews Take: In August, the Supreme Court denied Epic Games’ request to lift a decision by the 9th U.S. Circuit Court of Appeals which would have forced Apple to change payment practices in its App Store.

Epic is really good at one thing: losing.MacDailyNews, August 9, 2023

As we wrote in July:

Epic is nuts. They want all of the benefits of Apple’s App Store for free. That isn’t how any of this works. Hopefully, SCOTUS will [eventually] correct the 9th Circuit judge’s foolishness which is akin to a judge issuing an injunction that forces Best Buy and Target to place signs next to each product that advertise lower prices for the same items at Walmart.

Regardless, even if the Supreme Court [ultimately] rules against Apple, if developers like Epic Games want to advertise lower prices using Apple’s App Store, Apple should simply begin charging an In-Store Advertising fee, because that’s exactly what it would be.

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