Apple’s legal squabbles with Epic Games are far from over, as the Court of Appeals will begin hearing both parties’ arguments in the case concerning online marketplace presence, royalties, fees, and commissions.
According to Associated Press (AP) both Apple and Epic Games will present their oral arguments before three judges on the Ninth Circuit Court of Appeals. The three judges hearing the oral arguments include Sydney R. Thomas, Milan D. Smith Jr. and Michael J. McShane. Epic Games attorney Thomas Goldstein will present that company’s arguments first.
It’s suggested that Goldstein may try to persuade the panel of judges that an earlier ruling made by Judge Barbara Gonzales Rogers was erroneous. Gonzales looked at the App Store and Apple’s in-app payment system as different markets instead of an individual platform. In September 2021, Gonzales ruled in favor of Apple, saying that it could not be forced to include the Epic App Store on the iPhone. Additionally, the judge ruled that what Apple has been doing to make the App Store successful is not illegal.
The Associated Press article also noted that it could take the Appeals court sometime between six months to a year before it reaches a ruling. Once such a ruling has been published, the losing party may decide to bring the matter to the Supreme Court, which could make the case drag on until 2024 or even 2025.
Beyond the oral arguments that will be presented by both parties, an attorney for the Justice Department will also explain why the agency believed Gonzales Rogers made a narrow interpretation of the antitrust law. As a result, the judge’s decision could have jeopardized future enforcement actions against potentially anti-competitive behavior in the technology industry. This may indirectly help Epic Games in its battle, and could lead to the appeals court overturning the lower court’s earlier decision. However, another lawyer, this time from the California Attorney General’s office, will also present arguments to defend the law that Judge Gonzalez Rogers cited when she issued her earlier rulings.
Apple CEO Tim Cook also testified during the case before the lower court. Cook argued that forcing Apple to allow alternative payment systems would weaken the security and privacy controls well-loved by iPhone users. Cook also warned that it would lead to the creation of “a toxic kind of a mess.” Ironically, Epic Games CEO Tim Sweeney partly acknowledged the iPhone’s security and privacy features. The CEO himself used an iPhone because of that feature.
Stay tuned for additional details as they become available.
Via The Mac Observer and the Associated Press