Apple urges court to dismiss Epic’s antitrust appeal in App Store

Apple told appeals judges Thursday that video game maker Epic Games had failed to show any legal error that would justify overturning a lower court ruling that found major App Store policies did not violate US antitrust law.

Epic, best known for its game Fortnite, largely lost sight of last year’s experience on whether Apple’s payment rules for apps were uncompetitive. This decision found that Apple had good reasons to force some app makers like Epic to use its payment system and take 15 to 30 percent commissions on their sales.

After the ruling, Epic appealed to the Ninth US Court of Appeals. Apple said in its response Thursday that Epic failed to suggest a reasonable alternative to the App Store policies.

“Epic is asking the judiciary to fundamentally change the App Store by forcing Apple to abandon its integrated distribution model and offer digital content that, among its many pro-competitive benefits, helps protect user security and privacy,” the court filing said.

Both Apple and Epic are set to present a second round of pleadings before the Appeals Committee calls for a hearing, possibly next year. In support of Epic’s appeal, attorneys general in 34 US states and the District of Columbia said in January that Apple is stifling competition through its mobile app store.

External arguments in support of Apple are scheduled for Thursday. It is remarkable that the judge found that Apple had violated unfair competition law in California but not federal antitrust law, experts and critics of the lower court’s decision said.

Similarly, Apple in its corresponding appeal Thursday questioned how it would be held liable under state law if its practices were not found to be illegal under federal law.

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