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Fortnite creator Epic Games to appeal ruling in Apple antitrust case

  • US District Judge Yvonne Gonzalez Rogers mostly sided with Apple, rejecting Epic’s claims that the iPhone maker is a monopoly
  • Gonzalez Rogers also ordered Epic to pay at least US$4 million in damages to Apple for breach of contract

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The Fortnite display, presented by Epic Games at the Electronic Entertainment Expo (E3) at the Los Angeles Convention Centre in June 2018. Photo: TNS

Epic Games filed a notice of appeal on Sunday following a judge’s decision in its antitrust lawsuit against Apple Inc.

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US District Judge Yvonne Gonzalez Rogers mostly sided with Apple, rejecting Epic’s claims that the iPhone maker is a monopoly. She also did not rule that Apple needs to restore Fortnite, Epic’s hit game at the centre of the lawsuit, to the App Store or Epic’s Apple developer account. Rogers also rejected the need for third-party App Stores and did not force Apple to lower its App Store revenue cut of 15 per cent to 30 per cent.

The judge, however, said that Apple has engaged in some anticompetitive conduct and she ordered the Cupertino, California-based technology giant to allow all app and game developers to steer consumers to outside payment methods on the web. All developers for the first time could be able to include a button in their apps to let users pay for transactions online, circumventing Apple’s fees.

Gonzalez Rogers also ordered Epic to pay at least US$4 million in damages to Apple for breach of contract, which included collecting payments outside Apple’s in-app-purchase system.

While her decision could take a potentially big bite out of the profitability of the App Store – estimated at more than US$20 billion a year with a profit margin above 75 per cent – Gonzalez Rogers mostly sided with Apple, rejecting Epic’s claims that the iPhone maker is a monopoly did not go as far as Epic had sought.

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Still, the evidence outlined in the three-week Epic trial in Oakland, California, cast a harsh light on tech’s power and will help build the larger case against Apple and other technology giants including Alphabet Inc, Amazon.com Inc and Facebook Inc.

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