Epic Wins Appeal to Continue Antitrust Case Against Apple in Australia

Australia's Federal Court has permitted Epic Games to sue Apple, reversing a previous ruling that said the two companies had to battle it out in the United States first before any legal action could take place Down Under.

app store blue banner epic 1
Epic and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia last November, in an attempt to boost its chances of getting a favorable ruling.

Epic's case in Australia follows much of the same argument in the U.S., claiming that Apple is a monopoly and that the ‌App Store‌ and in-app purchasing system are unfair.

Apple argued that the case was already being tried in California courts, and won a three-month stay on the Australian action that would become permanent unless Epic filed a lawsuit in California alleging violations of Australian Consumer Law.

Epic appealed that decision in April, and on Friday morning three Federal Court judges duly granted it, finding that the presiding judge who permitted the stay of action had failed to consider that the lawsuit involves public interest issues, which take priority over exclusive jurisdictional stipulations. Epic said it was pleased with the outcome.

"This is a positive step forward for Australian consumers and developers, who are entitled to fair access and competitive pricing across mobile app stores," the company said in a statement. "We look forward to continuing our fight for increased competition in app distribution and payment processing in Australia and around the world."

Apple said it would appeal the decision, on grounds that its contract with Epic requires that the two companies litigate in California.

"The initial decision in April from Australia's Federal Court correctly ruled that Epic should be held to the agreement it made to resolve disputes in California," said Apple in a statement. "We respectfully disagree with the ruling made today and plan to appeal."

Apple in March told an Australian court that Epic's legal challenge against the ‌App Store‌ is "self-serving," and that all the software company aims to do is "redefine the terms of access" that it's always been subject to on Apple's platforms.

The three-week ‌Epic Games‌ v. Apple trial wrapped up in the States in late May, but it could be several weeks before we learn of the verdict, and it's quite likely that any decision will be appealed, so this is a lawsuit that could carry on for months to come both in the U.S. and abroad.

(Via The Australian Financial Review.)

Popular Stories

Apple iPhone 16e Feature

Apple Announces iPhone 16e With A18 Chip and Apple Intelligence, Pricing Starts at $599

Wednesday February 19, 2025 8:02 am PST by
Apple today introduced the iPhone 16e, its newest entry-level smartphone. The device succeeds the third-generation iPhone SE, which has now been discontinued. The iPhone 16e features a larger 6.1-inch OLED display, up from a 4.7-inch LCD on the iPhone SE. The display has a notch for Face ID, and this means that Apple no longer sells any iPhones with a Touch ID fingerprint button, marking the ...
iphone 17 pro asherdipps

iPhone 17 Pro Models Rumored to Feature Aluminum Frame Instead of Titanium Frame

Tuesday February 18, 2025 12:02 pm PST by
Over the years, Apple has switched from an aluminum frame to a stainless steel frame to a titanium frame for its highest-end iPhones. And now, it has been rumored that Apple will go back to using aluminum for three out of four iPhone 17 models. In an investor note with research firm GF Securities, obtained by MacRumors this week, Apple supply chain analyst Jeff Pu said the iPhone 17, iPhone...
apple launch feb 2025 alt

Here Are the New Apple Products We're Still Expecting This Spring

Thursday February 20, 2025 5:06 am PST by
Now that Apple has announced its new more affordable iPhone 16e, our thoughts turn to what else we are expecting from the company this spring. There are three product categories that we are definitely expecting to get upgraded before spring has ended. Keep reading to learn what they are. If we're lucky, Apple might make a surprise announcement about a completely new product category. M4...
iPhone 17 Roundup Feature 2

iPhone Design to Change 'Significantly' This Year

Monday February 17, 2025 7:09 am PST by
Apple is set to "significantly change" the iPhone's design language later this year, according to a Weibo leaker. In a new post, the user known "Digital Chat Station" said that the iPhone's design is "starting to change significantly" this year. The "iPhone 17 Air" reportedly features a "horizontal, bar-shaped" design on the rear, likely referring to an elongated camera bump. On the other...
Generic iOS 18

Here's When Apple Will Release iOS 18.4

Wednesday February 19, 2025 11:38 am PST by
Following the launch of the iPhone 16e, Apple updated its iOS 18, iPadOS 18, and macOS Sequoia pages to give a narrower timeline on when the next updates are set to launch. All three pages now state that new Apple Intelligence features and languages will launch in early April, an update from the more broader April timeframe that Apple provided before. The next major point updates will be iOS ...
apple launch feb 2025

Tim Cook Teases an 'Apple Launch' Next Wednesday

Thursday February 13, 2025 8:07 am PST by
In a social media post today, Apple CEO Tim Cook teased an upcoming "launch" of some kind scheduled for Wednesday, February 19. "Get ready to meet the newest member of the family," he said, with an #AppleLaunch hashtag. The post includes a short video with an animated Apple logo inside a circle. Cook did not provide an exact time for the launch, or share any other specific details, so...
iOS 18

iOS 18.4 Coming Next Week With These New Features for Your iPhone

Friday February 14, 2025 6:18 am PST by
The first iOS 18.4 beta for iPhones should be just around the corner, and the update is expected to include many new features and changes. Bloomberg's Mark Gurman expects the iOS 18.4 beta to be released by next week. Below, we outline what to expect from iOS 18.4 so far. Apple Intelligence for Siri Siri is expected to get several enhancements powered by Apple Intelligence on iOS...
Apple 2025 Thumb 1

Two of Apple's Oldest Products Are Finally Getting Updated This Year

Friday February 14, 2025 6:03 am PST by
Apple released the HomePod mini in November 2020, followed by the AirTag in May 2021, and both still remain first-generation products. Fortunately, rumors suggest that both the HomePod mini and the AirTag will finally be updated at some point this year. Below, we recap rumors about the HomePod mini 2 and AirTag 2. HomePod mini 2 In January 2025, Bloomberg's Mark Gurman said Apple is ...

Top Rated Comments

iOS Geek Avatar
47 months ago

If epic win , you can still choose not to sideload

It's time to let apple be open
If you want "open"...I'm going to drag out the same tired repetitive statement...you have another option. People are all about having a "choice" but forcing Apple to open...TAKES AWAY THAT CHOICE! Many of us chose Apple because it's closed and we didn't want "open" Android. Force Apple to open and now your choices are "open" or... "open". That's not a choice.

You already have an "open" choice. For **** sake, stop trying to take away the only "closed" one for those of us who want it. The level of irony is astounding. In the hope to provide "choice" you actually want to take it away.
Score: 15 Votes (Like | Disagree)
mymacrumorsname Avatar
47 months ago

Loving it! ? Governments are finally waking up, and will beat the hell out of these shady companies like Apple and Google.
I’m looking forward to side loading.
What would be the advantage to that, to side loading? Or in other words, why do you want / need that?
Score: 12 Votes (Like | Disagree)
Kirkster Avatar
47 months ago
The only winners are the lawyers.

If you want to sideload the latest spyware/malware from China, Russia, Nigeria, etc there is already a device for that, Knock yourselves out.

I don’t mind paying for apps that fit my needs, but I am loath to be the product, that seems to be the current business model of Google, Facebook, Microsoft, and many others.

I find value in the walled garden that is the App Store. Do they catch every bad actor? No one ever will, but they do a better job of protecting their user base than most. Nothing is perfect but I like the steps that apple has been taking for security and privacy far more that the other manufacturer where you are their product.
Score: 12 Votes (Like | Disagree)
Absolute Trainwreck Avatar
47 months ago

It’s not whatever though. Your sister, well she decided to sideload apps and got a really nasty one. Now all your info that was in her phone, your location, your text, your photos, oh yeah don’t forget that 20 dollars you texted her with Apple Pay… welp now that bad app has all your info and broke your Apple Pay security.
And you didn’t even have to side load an app. ?
Someone has no idea how software works lmao
Score: 10 Votes (Like | Disagree)
SurferPup Avatar
47 months ago
I'm one Aussie that Epic Failure and Aussie Torment Office (our version of your IRS) will make no money from the sale of their games in or outside of the App Store. I hope Epic financially haemorhrage fatally here. Our stupid Government should stay out of what is essentially an American legal court battle.
Score: 10 Votes (Like | Disagree)
RavynArcadia Avatar
47 months ago

Parler!

I don’t want Apple to tell me which app can or can’t be installed.
I wouldn’t call parler being usable via sideloading an advantage.
Score: 10 Votes (Like | Disagree)