Google has failed in its bid to stay a competition lawsuit brought by Epic Games, after failing to show that the Fortnite game maker would not be disadvantaged if the case were heard in California instead.
The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.
Apple has reached the end of the line in its attempts to move a competition dispute with Fortnite game maker Epic Games to California, with the High Court denying the tech company’s special leave application to appeal a judgment that found there were “strong reasons” for keeping the matter in Australia.
Google has urged a court to stay a competition lawsuit brought by Epic Games, saying new evidence showed the Fortnite game maker would not be disadvantaged if the case was heard in California, as the Full Court found it would in a similar challenge by Apple.
Apple has told a judge a high-stakes competition lawsuit by Fornite game maker Epic Games should be temporarily stayed in light of a special leave application lodged with the High Court and an ‘imminent’ judgment from a US court.
The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.
Google is pressing forward with an application to stay Fortnite game maker Epic Games’ competition lawsuit over its Google Play store terms, despite the Full Court rejecting a similar move by Apple.
Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.
The High Court has declined to hear a case that challenges the power of judges to make common fund orders at the close of litigation, a challenge the Federal Court had labelled “hypothetical”.
The power to make common fund orders in class actions is a question before the High Court a second time, but the justices aren’t likely to quell the conflict simmering in the courts below, at least until they have a concrete order before them.