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Epic Games v. Apple is back on in Australia as Apple loses appeal

Epic Games v. Apple is back on in Australia as Apple loses appeal

July 9, 2021 | By Alissa McAloon




Following an appeal, Epic Games has been given a green light to continue its lawsuit against iPhone-maker Apple in Australia.

It's the latest in an increasingly long-running (and international) battle between Epic Games and Apple that kicked of with a flashy statement from Epic decrying Apple's tight hold on its iOS platform, particularly in regards to how it handles the App Store and payment processing tools on iOS.

The US version of the big Epic Games v. Apple dispute was filed last year after Apple pulled Epic's game Fortnite from the App Store over its addition of an unsanctioned payment method, something that goes against the App Store Guidelines all developers on the platform must follow.

In that complaint, Epic argues that Apple's policies are unfair, anti-competitive, and ultimately harm the wider development community.

A variation of that complaint was filed in Australia around the same time. The Australian case mirrors the lawsuit filed in the United States, however the case was paused late last year after Apple requested the Australian lawsuit be thrownout due to the ongoing case in the US.

According to Apple Insider, that stay has now been overturned following an appeal from Epic Games. In that appeal, Epic argued that the issues at the core of the lawsuit shouldn't be swept to the side due to the pending verdict in the United States. In a statement following the appeal, Epic Games said that it is now thankful that its antitrust concerns against Apple will be "examined in the context of Australian laws".

"This is a positive step forward for Australian consumers and developers, who are entitled to fair access and competitive pricing across mobile app stores," reads a statement from Epic Games. "We look forward to continuing our fight for increased competition in app distribution and payment processing in Australia and around the world."

Apple, meanwhile, maintains that the ongoing dispute in the United States should prevent Epic from pushing the issue in Australia. While the US case was heard in court earlier this summer, the judge has yet to return with a decision. Due to that, Apple plans to appeal the Australian lawsuit's revival.

"The initial decision in April from Australia's Federal Court correctly ruled that Epic should be held to the agreement it made to resolve disputes in California," reads Apple's statement. "We respectfully disagree with the ruling made today and plan to appeal."



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