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 sole director of a small software company can’t act for his business in defending against an intellectual property case brought by digital titan Google, despite his plea to the court that his firm did not have the financial means to hire lawyers.
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 Appleās US lawyers wrongly used court submissions in Australia to put pressure on Epic Games in Europe and justify temporarily removing its developer account.Ā
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.
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.
Google and Apple will argue at an upcoming trial that allegedly anti-competitive app marketplace restrictions were necessary to protect security and intellectual property.