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ARTICLE · 08 MARCH 2021

Epic Games (and Others) Vs Apple – Rounds 2, 3 And 4

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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As we reported earlier, Epic Games launched antitrust litigation against Apple (and Google) in California.

AustriaAntitrust/Competition Law

As we reported earlier, Epic Games launched antitrust litigation against Apple (and Google) in California. The case concerns Apple's removal of the hugely popular battle royale game Fortnite from the App Store after Epic introduced its own direct in-app payment functionality into the version of Fortnite available on iOS, in contravention of the terms of Apple's Developer Agreement. Epic filed an additional claim against Apple in Australia in November 2020 (round 2), and then just before Christmas, Epic filed a lawsuit against Apple and Google in the UK before the Competition Appeal Tribunal ("CAT"; round 3). A summary of the UK claim can be found here and is grounded basically on the same reasons as the California claim: Apple is violating competition rules by i) reserving to itself the sole channel for the distribution of apps to and/or the payment processing mechanism for purchases of in-app content for and by consumers who use iPhones and iPads, ii) using its

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