CARY – Epic Games will square off against Apple in court beginning May 3 after wrangle between the firms over depositions and other materials in the antitrust suit.
The news comes as an investigation into Apple’s app store practices has been opened in the U.K. where Epic also is challenging Apple.
“Judge [Yvonne] Gonzalez is planning to hold an in-person trial that will require all witnesses to travel to Northern California to answer questions before the court and the judge. She believes that the case is significant enough that the court should hear it in person, with witnesses in the case less likely to lie when sworn in in a physical courtroom,” MacRumors reports.
In recent months, developers, many with ties to Epic Games, have accused Apple of using its dominant position within a market and within the industry to limit competition and bolster the company’s own positions.
On Thursday, the United Kingdom’s Competition and Market Authority (CMA) launched an official investigation into the distribution of apps on iOS and iPadOS devices in the U.K. and the terms and conditions governing the platform.
Epic Games expands antitrust fight with Apple to Europe in new complaint
That news is coming a few weeks after Epic filed a complaint against Apple with European regulators, in which the publisher of the globally popular game Fortnite accused Apple of “harming consumers and app developers in Europe and around the world” with restrictive policies. Later in February, Epic described its position as “unwavering” in a statement released to the press.
That led to today’s announcement from the UK’s CMA, which follows the CMA’s July 2020 report on its market study into online platforms and digital advertising, and the CMA’s advice to the Government in December 2020 on the shape of a new pro-competition regulatory regime for digital markets. Epic filed the complaint against Apple in January.
“Millions of us use apps every day to check the weather, play a game or order a takeaway,” said Andrea Coscelli, Chief Executive of the CMA. “So, complaints that Apple is using its market position to set terms which are unfair or may restrict competition and choice—potentially causing customers to lose out when buying and using apps—warrant careful scrutiny.”
Epic Games acquires developer studio of hit game ‘Fall Guys: Ultimate Knockout’
According to the statement released today by the UK CMA, the European Commission (EC) currently has four open antitrust probes into Apple, which were launched prior to the end of the UK’s Transition Period. These include three open investigations into Apple’s App Store. The organization noted that it will continue to coordinate closely with the EC, as well as other agencies, to tackle global concerns such as these. Epic also is fighting Apple with an antitrust suit in the United States as well as in Australia.
The battle between the former business partners erupted last year when Epic developed a workaround to avoid having to pay fees to Apple through the App Store for in-game sales made by Fortnite players. Epic has called the 30% fee a “tax.”
More information on the UK CMA investigation can be found on the Investigation into Apple App Store casepage.
