Apple

Proposed new regulations would give the ACCC a boost in targeting anti-competitive conduct by digital platforms, but a “big gap” remains in its powers, an expert told Lawyerly.

The Albanese government has backed recommendations that would give the ACCC increased power to target anti-competitive conduct by tech companies.

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. 

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.

An IP Australia delegate has shot down Apple’s application to patent a touchscreen interface used on its electronic devices, calling the invention a “logistical scheme” for organising media files rather than a technological innovation. 

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. 

Apple has made exceptional profits skimming a 30 per cent commission from sales on its app store, dubbed by the tech giant’s CEO an “economic miracle”, Epic Games has said on the first day of trial in a landmark competition case.