Epic Games claims Apple misled court on competition, security and more

Epic Games filed a new brief in its case against Apple, claiming not only did Apple mislead the court, but the judge erred in her interpretation of the bargain.

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The gaming company filed an appeal response and cross-appeal response brief on Wednesday in the Epic Games vs. Apple legal battle. In its argument, Epic Games alleges that the US District Court “committed multiple legal errors in dismissing the Epic Sherman Act claims.”

In its original lawsuit, Epic claimed that Apple violated the Sherman Act by denying it access to the App Store, which it considered an essential facility. The Sherman Act dictates free trade and competition across the United States

Additionally, Epic Games claims the court erred in upholding Apple’s restrictions.

“The court found substantial anti-competitive effects, but wrongly credited justifications that do not advance competition and ignored its own factual findings establishing less restrictive alternatives,” the brief states.

Epic is also trying to counter an argument that its demands would weaken Apple’s iOS security. He claims that Apple touts the security of the Mac, which doesn’t have the same protections as iOS. However, during testing, Apple made it clear that it found the level of malware on macOS to be unacceptable.

US District Court Judge Yvonne Gonzalez Rogers ruled mostly in favor of Apple in September 2021 after a lengthy trial. It gave Apple a victory on virtually every point except for banning the company from directing or allowing developers to communicate with customers about cheaper subscription options.

Apple has successfully obtained a reprieve from an injunction that would require it to allow piloting within apps. Beyond that, Apple and Epic Games appealed the decision.

In its own brief submitted to the court in March, Apple argued that Judge Gonzalez Roger’s decision should stand because Epic Games’ original lawsuit was seriously flawed and because the company had failed to prove the acts. reprehensible on the part of Apple.

Epic’s response and answer by Mike Wuerthele on Scribd

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