Published , by TJ Denzer
Published , by TJ Denzer
A major ruling has taken place in the ongoing case of Epic Games v. Apple. Judge Yvonne Gonzalez Rogers has ruled somewhat in favor of Epic Games and issued a permanent injunction against Apple, ordering that it allow app developers the option to include in-app purchase mechanisms in their apps and restricting it from punishing devs for doing so. This is a win for a major part of Epic’s overall case against Apple.
The ruling was passed down on Epic Games v. Apple in official documentation filed on September 10, 2021. In the full ruling, Judge Gonzalez Rogers disagreed with both parties definitions of the overall market that was of central concern in the case.
“The relevant market here is digital mobile gaming transactions, not gaming generally and not Apple’s own internal operating systems related to the App Store,” the Judge wrote.
Moreover, Judge Gonzales Rogers ruled in this regard that while she did not find Apple to be acting monopolistic, she did find the company to be engaging in anti-competitive practices regarding the App Store. With this in mind, the Judge issued a permanent injunction barring Apple from prohibiting external links and payment methods circumventing the App Store.
The following excerpt from the injunction is the specific point which bars Apple from prohibiting alternative purchase methods within App Store apps as it did with Epic Games and Fortnite:
This follows closely on the heels of South Korea’s government signing further litigation against storefronts like the App Store, forcing both Apple and Android to allow developers to include alternative payment methods and purchases under penalty of losing a percentage of revenue within the country. Epic Games has acted quickly on these rulings and laws as well, already requesting that Apple restore its dev account status for a Fortnite re-release on iOS in South Korea. However, an adendum for the ruling also declares that Apple's action against Epic in the removal of Fortnite was valid and lawful, so we're unlikely to see Fortnite on iOS in the United States anytime soon.
The case is not over yet and Apple is likely to appeal the matter. However, it would appear that in the case of Epic Games v. Apple, the initial tide is turning for Epic Games and its argument against Apple’s anti-competitive practices.