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Epic and Apple Legally Butt Heads Again Over Alleged Court Order Violation

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Apple and Epic Games, once again, resume their legal battle as the US Court has approved evidentiary hearing of Epic's accusations of Apple violating a court injunction.

US Court Finds Sufficient Grounds for Hearing on Apple's Alleged Injunction Violation

Evidentiary Hearing Set for May 8

The ongoing feud between the two tech giants, Epic Games and Apple, sparked another round of courtroom drama, with an evidentiary hearing scheduled for May 8 to address Epic's allegations of Apple's court order violation. The dispute centers around Apple's alleged violation of a previously issued court injunction and claims of anti-steering practices.

This latest development in the ongoing dispute between Apple and Epic began in 2020 when Epic filed an antitrust lawsuit against Apple. While Apple was resolved on most counts in the cases, it lost on the issue of anti-steering, prompting the court to issue the injunction requiring Apple to "implement certain practice changes relative to in- and out-of-app purchases" and allow developers to link to non-Apple payment methods within their apps.

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On the 12th this month, Apple filed to the Court an argument wherein it denied its non-compliance and violating the court order. Apple claimed that it "has amended its Guidelines to allow developers to communicate with consumers regarding alternative purchase options both within their apps and outside their apps."

However, Epic insisted on its allegations of Apple's non-compliance, to which an amicus brief was jointly filed by four other major tech companies backing Epic’s claim. The party stated that Apple had violated the express terms of the injunction and failed to observe its fundamental purposes. Now the Court ruled that there are sufficient grounds for the scheduled evidentiary hearing to determine whether Apple is fully complying or failing to abide by the Court’s injunction.

"Apple’s practice changes undermine the spirit of the injunction by limiting competition, impeding the free flow of information, and constraining user choice," the Court said upon reviewing both companies' documents and arguments.

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In addition to addressing Epic's allegations, the court denied Epic's claim of Apple's Sherman Antitrust Act violation likewise alleged in a lawsuit previously filed by the United States Department of Justice along with sixteen state attorneys general. Despite Epic's assertions that Apple's practices hinder competition, the court ruled that Apple did not commit monopolistic practices through anti-competitive conduct. The Court stated, "Though Apple has significant market power, the court found it to be insufficiently durable given the rapidly changing nature of the market."

Source:
Epic Games, Inc. v. Apple, Inc.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ORDER SETTING EVIDENTIARY HEARING
APPLE INC.’S OPPOSITION TO EPIC GAMES, INC.’S MOTION TO ENFORCE INJUNCTION
Apple and Epic are going back to court

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