Zoe Hillman

In a landmark competition case, Apple has told the Federal Court that Epic Games and other developers should not be allowed to “freeride” on the resources and user base the tech giant has “spent many billions” to develop. 

Epic Games has taken aim at Google for the “untruthful evidence” of its witnesses in the game maker’s competition case against the tech giant, as well as its failure to call senior executives to the stand to defend itself. 

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

Epic Games’ case alleging Google ran its Play Store anti-competitively is “significantly more ambitious” than the Fortnite game maker’s claims against Apple, according to the search giant, which says its restraints are “more flexible and less draconian” than the iPhone maker’s.

Hitting back at claims that its App Store stifles competition, Apple has told a trial that app developers have myriad ways of maximising profits without paying it a commission, noting Epic Games made US$3.8 billion from in-game currency V-Bucks in 2021.

Google has criticised two competition class actions which piggyback on claims brought by Fornite developer Epic Games as “opportunistic”, but counsel for the class actions told a court the suits on behalf of more than 15 million group members were in the public interest.

A judge overseeing a landmark competition case against Apple and Google has questioned whether Apple’s US lawyers wrongly used court submissions in Australia to put pressure on Epic Games in Europe and justify temporarily removing its developer account. 

Google offered Fortnite creator Epic Games $200 million and proposed to acquire equity in the company to prevent it from opening its own app store with exclusive content that could compete with the search giant’s Play Store, a court has heard.