An Australian court will get a chance to weigh in on whether Apple and Google violated their dominant position in the app marketplace by requiring developers to use their payment systems or face a 30 per cent fee, when trial kicks off Monday in Fortnite game maker Epic Games’ case and two related class actions against the tech giants.
Apple has failed to prevent a funder from accessing data that will allow it to estimate potential damages in a class action it’s bankrolling over allegedly anti-competitive app store restrictions.
Apple is facing a new class action on behalf of iPhone 6 and 7 users whose phones were ‘throttled’, or slowed down, due to updates the Silicon Valley company made to its iOS operating system, which were aimed at conserving battery life.
Google and Apple will argue at an upcoming trial that allegedly anti-competitive app marketplace restrictions were necessary to protect security and intellectual property.
A judge has ordered lawsuits by Fortnite owner Epic Games against Apple and Google to be heard together with class actions against the tech giants on behalf of app developers and customers who accuse them of distorting competition in the app marketplace.
Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000.
The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.
App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties.
A law firm has dropped plans to bring a second set of class actions alleging Apple and Google engaged in anti-competitive conduct in operating their app stores, but will act as an “agent” for the first-to-file firm.
Apple has foreshadowed a challenge in the event two law firms seek to work together on a consolidated class action that alleges both Apple and Google engaged in anti-competitive conduct in operating their app stores.