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Apple and Epic reveal arguments before the lawsuit



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On Wednesday, Apple and Epic Games presented in separate duels legal archives what they consider to be key facts and key legal issues ahead of an antitrust lawsuit scheduled to begin in May.

Apple and Epic Games, best known for the game Fortnite, have been in a legal battle since last year after Epic Games tried to avoid Apple̵

7;s 30% App Store fee through a server software update that skipped Apple’s App Store payment system. Apple responded by removing Fortnite from the App Store, effectively preventing iPhone users from playing the game.

Top executives from both companies are expected to testify in person at a federal court in Oakland, California in a trial that is expected to last for weeks.

Apple executives, including Apple CEO Tim Cook, Apple Software SVP Craig Federighi, and former marketing manager Phil Schiller can testify, according to court documents. Epic Games CEO and Founder Tim Sweeney is also on the witness list.

Late night filing from each company is long and full of details. Below you will find an overview of how each company plans to do its case in court:

Apple will claim that:

  • The 30% commission is essentially the same as other online software stores like Google Play or video game console stores, and Apple’s fee has dropped over time.
  • It faces competition for both iPhones and other gaming platforms.
  • The App Store guidelines have led to a boom in the software industry and resulted in greater security and safety for users.
  • The App Store is a core, integrated feature of the iPhone, and the use of Apple payments for digital purchases is a key feature.

Epic will claim that:

  • Apple is forcing consumers to bear high switching costs to stop using Apple products and lock them in.
  • As Apple has gathered more customers and locked them in, the importance of selling software to Apple customers has grown.
  • Apple controls the only way to install software on an iPhone through the App Store.
  • Apple uses the App Review process, which manually displays individual apps for anti-competitive purposes, and removes apps for business reasons under the pretext of security.
  • Because some developers have chosen to increase iPhone software prices due to Apple’s 30% fee, it makes consumers pay more, and Fortnite is an example.

Read Apple’s archive here and Epic Games’ archive here.


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