Apple files appeal of ruling in Epic Games lawsuit over App Store restrictions
Apple asked for a partial appeal on Friday in the high-profile antitrust case that was filed against it in California by Cary-based Epic Games.
The iPhone maker is asking that the U.S. Court of Appeals for the Ninth Circuit invalidate a decision by a district court judge that would force Apple to change some of its App Store rules.
As part of the appeal, Apple wants an injunction that would temporarily prevent developers from adding links to alternative payment systems within apps — the biggest change that Judge Yvonne Gonzalez Rogers ordered in her ruling in Epic vs. Apple in September.
Under the judge’s ruling, developers can begin to add links to alternative payment systems in December. That would make it easier for developers to get around the 30% fee that Apple charges on all transactions conducted within the App Store.
An injunction could prevent developers from making changes to their apps until an appeal process is finished. That could take more than a year.
Apple’s lawyers said allowing changes to the App Store would “upset the careful balance between developers and customers provided by the App Store, and would irreparably harm both Apple and consumers.”
Epic Games declined to comment on the Apple appeal Friday night. Apple said it would have no comment beyond its legal filing.
Epic Games had already asked for a higher court to review Gonzalez Rogers’ decision, filing an appeal to the United States Court of Appeals for the Ninth Circuit last month.
The lawsuit dates to August 2020, when Epic Games placed an alternative payment system within the iPhone and Android versions of Fortnite, a move that allowed the company to ignore the 30% in-app purchasing fee both Apple and Google levy.
Both Apple and Google then booted Fortnite from their respective app stores, leading to Epic’s antitrust lawsuits against the companies.
Last May, Apple and Epic Games argued in court for two weeks, with both Epic founder Tim Sweeney and Apple CEO Tim Cook taking the witness stand.
Epic eventually received a partial victory from Gonzalez Rogers, but lost its larger request — that the judge rule that Apple is running an illegal monopoly through its App Store.
It also did not convince the judge that developers should be allowed to bypass the App Store entirely or that developers should be allowed to put their own payment systems within apps.
Sweeney said in a tweet that he ultimately viewed the judge’s ruling as a loss.
In the meantime, Epic’s popular game Fortnite is still banned from the App Store, with Apple saying it won’t restore the game until all appeals are exhausted.
This story was produced with financial support from a coalition of partners led by Innovate Raleigh as part of an independent journalism fellowship program. The N&O maintains full editorial control of the work. Learn more; go to bit.ly/newsinnovate.
This story was originally published October 8, 2021 at 7:53 PM with the headline "Apple files appeal of ruling in Epic Games lawsuit over App Store restrictions."
