UPDATE: Epic Games v. Apple – Apple gets Breathing Space

NEWS

15 Dec 2021

This is our seventh update in relation to the legal dispute concerning Epic Games and Apple.

Our First Article, Second Article, Third Article, Fourth Article, Fifth Article , and Sixth Article are accessible via the direct links provided.

Back in August 2020 Epic Games initiated its suit against Apple arguing that the company’s practices are monopolistic and that Apple is engaging in anti-competitive practices by only allowing for payments to be made through the App Store.

Fast-forward to 10 September 2021, U.S. District Judge Yvonne Gonzalez Rogers delivered her ruling stating that “The Court does not find that Apple is an antitrust monopolist in the submarket for mobile gaming transaction.” She continued that the Court does “however, […] find that Apple’s conduct in enforcing anti-steering restrictions is anti-competitive.” Following this ruling, Apple was given until 9 December 2021 to make the necessary changes to the App Store in order to allow developers to link alternate payment methods.

On 8 December 2021 however, the appeals court moved to grant Apple’s motion allowing for a stay, in part, to the district court’s permanent injunction pending appeal. Consequently, Apple is able to maintain its in-app purchase system on iOS notwithstanding the district court’s earlier ruling which found such restrictions to be anti-competitive. While this stay does not reverse the earlier decision, it will remain in effect until the court fully considers Apple’s appeal which could take several months.

This is an ongoing case; we will be providing updates on the matter as they happen. Should you require any further information on the above or assistance about gaming-related matters, do not hesitate to contact us at gaming@whpartners.eu.

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