The manufacturer of computer games Epic Games has provided the court with a new note regarding its lawsuit against Apple, according to which not only the company misled the court, but also the judge made a mistake in his understanding of the market.
On Wednesday, May 25, Epic Games filed a response to the appeal and a counter-appeal in the case “Epic Games v. Apple”. According to the game manufacturer, by rejecting the Epic Games lawsuit, in which Apple is accused of violating antitrust laws, the court “made a lot of legal mistakes.”
In its initial lawsuit, the game manufacturer claimed that by closing its app store for it, Apple was violating the Sherman Act (the first US antitrust law prohibiting obstruction of free trade).
In addition, Epic Games said that the court made a mistake by supporting the restrictions imposed by Apple.
“The court found significant anticompetitive consequences, but mistakenly recognized the justifications that do not contribute to the development of competition, and ignored its own factual conclusions, establishing less restrictive alternatives,” the case note filed on May 25 says.
Epic Games is also trying to refute Apple’s claims that its requirements will weaken the security of Apple iOS.
After a lengthy trial in September last year, District Judge Yvonne Gonzalez Rogers (Yvonne Gonzalez Rogers) ruled mainly in favor of Apple. The judge sided with Apple on almost every point, with the exception of prohibiting developers from negotiating a cheaper subscription with customers.
In its memo on the case filed in March 2022, Apple stated that the court’s decision should remain in force, since the original Epic Games lawsuit had many shortcomings, and the game manufacturer failed to prove any wrongdoing on the part of the defendant.