In a highly-anticipated decision, the US Ninth Circuit Court of Appeals has upheld a lower court’s ruling on the Apple-Epic Games antitrust case. The three-judge panel rejected most of Epic’s claims that Apple violated federal competition law by prohibiting alternative app stores on its devices, but upheld a part of the original ruling in Epic’s favor.
Despite Apple’s win, the court acknowledged the ongoing debate about the role of online transaction platforms in the economy and democracy. “Our job as a federal court of appeals, however, is not to resolve that debate — nor could we even attempt to do so,” the panel wrote in its decision.
Apple prevailed at the 9th Circuit Court. Though the court upheld the ruling that Apple's restraints have "a substantial anticompetitive effect that harms consumers", they found we didn't prove our Sherman Act case.
— Tim Sweeney (@TimSweeneyEpic) April 24, 2023
The ruling also means that Apple’s App Store policies will remain unchanged unless further appeals move the case to a higher court. However, Epic may be responsible for Apple’s legal fees.
Apple responded to the decision with a statement, emphasizing its victory and the App Store’s contributions to both users and developers. The company said it is considering further review of the one remaining claim under state law.
Epic’s antitrust claims against Google will go to trial in November, and regardless of the outcome of both cases, Apple and Google may still allow third-party app stores on their platforms in the future.
