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ARTICLE · 20 SEPTEMBER 2021

Mixed Ruling On Epic's Antitrust Challenge To Apple's App Store

Fenwick
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On September 10, 2021, a federal judge in the U.S. District Court for the Northern District of California ruled that Fortnite developer Epic Games failed to adequately prove its antitrust allegations relating to Apple's App Store practices.

United StatesAntitrust/Competition Law
Steve Albertson
Steve Albertson
Thomas Ensign
Thomas Ensign
Mark Ostrau
Mark Ostrau
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On September 10, 2021, a federal judge in the U.S. District Court for the Northern District of California ruled that Fortnite developer Epic Games (Epic) failed to adequately prove its antitrust allegations relating to Apple's App Store practices. The decision allows Apple to maintain its App Store as the exclusive marketplace for iOS apps. However, in her lengthy ruling, Judge Yvonne Gonzalez Rogers also issued a permanent injunction against Apple's "anti-steering" provisions, which, if it survives, would clear the way for mobile gaming and other app developers to point users in their apps toward other payment platforms outside the app to complete transactions, sidestepping Apple's upfront ability to collect a 30% App Store commission.

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