Epic Games landed a good shot at Apple in September: Most of the decisions in the Epic v Apple case went Apple’s way, but the court also declared that Apple required iOS developers to use its built-in payment processing system in California’s Unfair. is infringement. competition law. As a result, Apple was given 90 days to enable third-party payment processors on the App Store.
Epic quickly appealed the decision, and so did Apple, though it took a while to blacklist Epic before refusing to reinstate its developer account until all appeals were exhausted and in the case. The decision “becomes final and irrevocable.” Epic CEO Tim Sweeney said after the decision that the appeals process could take up to five years to be fully completed.
Late last night, Apple informed Epic that Fortnite will be blacklisted from the Apple ecosystem until all court appeals are exhausted, which could be as long as a 5-year process. pic.twitter.com/QCD7wogJefSeptember 22, 2021
Today Apple won its victory in that process, as the U.S. Court of Appeals for the Ninth Circuit granted its request for a stay order requiring third-party payment systems to be allowed on the site until the appeals process is complete. . In other words, Apple’s tightly regulated App Store payment rules may remain in place for now.
“Apple has demonstrated at least that its appeal raises serious questions on the merits of the District Court’s determination that Epic Games Inc. failed to show Apple’s conduct violated any antitrust law, but that it showed that the same conduct violated California’s unfair competition law,” ruling (via) ledge) states.
“If the same conduct is charged with the same reason for both an antitrust violation and an ‘unfair’ business act or practice – because it unreasonably stifles competition and harms consumers – this determination That the conduct is not an unreasonable restriction of trade essentially means that the conduct is not ‘unfair’ towards consumers.”
This question takes aim squarely at a September decision that determined Apple was not violating antitrust laws, but California’s unfair competition law. Apple also adequately demonstrated that it would suffer irreparable harm if the order allowing third-party processors is implemented before the matter is finally resolved.
This adjournment shall remain in force until the appeals filed by both the parties are fully heard. I’ve reached out to Apple and Epic for more information and will update if I get an answer.