2023-06-08 19:08:11
Last month, the Court of Appeals of the Ninth Circuit of the United States, which is located in San Francisco (California), upheld what was previously decided in the case of Epic Games against to Apple. At the time, it was decided that Apple violated state law by preventing developers from inserting external purchase/subscription links and buttons, but did not violate Sherman Antitrust Lawnationwide.
This understanding was maintained by a group of three court judges, displeasing — for different reasons — both parties. Thus, both Apple and Epic are again appealing the decision, requesting that the case be tried again, this time by the full court, which is composed of 11 magistrates.
The Apple keep wanting a decision stating that the company does not violate any antitrust laws with its commission charged for transactions made on the App Store and with its actions. Possibly, the company is looking to re-prohibit links that direct users to purchases that do not use the app store’s payment system.
Epic, on the other hand, has seen its position become increasingly difficult, as the only judicial gain it has even had was related to California state law and external links. The Fortnite developer claimed, us carsthat the court failed to conduct a rigorous balance between the alleged consumer benefits of the App Store and Apple’s alleged anti-competitive conduct, which violated US antitrust laws.
According to the Archyde.com, however, the probability of the request succeeding is not very high. In 646 petitions for full trial received by the Ninth Circuit in 2022, only 12 (that’s right) were approved, while in 2021 that number was only 9. That is, the court only admits taking the case to the plenary when it is really something that has the need/justifies itself.
It is worth remembering that, last year, the CEOChief executive officeror executive director.”>1 da Epic, Tim Sweeney, said that, if that were the case, he would take the case against Apple all the way to the Supreme Court. Although it is not so clear if he would have resources and if he will actually do it, this would be a way to establish a clear and general understanding on this thorny subject related to the 30% commission charged by the App Store.
The fact is that this soap opera is far from over and we will continue to follow the next developments!
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