App store antitrust battle back in court

SAN FRANCISCO  — Apple is heading into a courtroom faceoff against the company behind the popular Fortnite video game, reviving a high-stakes antitrust battle over whether the digital fortress shielding the iPhone’s app store illegally enriches the world’s most valuable company while stifling competition.

Oral arguments Monday before three judges on the Ninth Circuit Court of Appeals are the latest volley in legal battle revolving around an app store that provides a wide range of products to more than 1 billion iPhones and serves as a pillar in Apple’s $2.4 trillion empire.

The tussle dates back to August 2020 when Epic Games, the maker of Fortnite, filed an antitrust lawsuit in an attempt to obliterate the walls that have given Apple exclusive control over the iPhone app store since its inception 14 years ago.

That ironclad control over the app store has enabled Apple to impose commissions that give it a 15% to 30% cut of purchases made for digital services sold by other companies. By some estimates, those commissions pay Apple $15 billion to $20 billion annually — revenue that the Cupertino, California, company says helps cover the cost of the technology for the iPhone and a store that now contains nearly 2 million mostly free apps.

U.S. District Judge Barbara Gonzalez Rogers sided almost entirely with Apple in a 185-page ruling issued 13 months ago. That followed a closely watched trial that included testimony from Apple CEO Tim Cook and Epic CEO Tim Sweeney, as well as other top executives.

Although she declared Apple’s exclusive control over iPhone apps wasn’t a monopoly, Gonzalez Rogers opened one loophole that Apple wants to close. The judge ordered Apple to allow apps to provide links to payment alternatives outside the app store, a requirement that has been put off until the appeals court rules.

Monday’s arguments are expected to open with Epic lawyer Thomas Goldstein trying to persuade the trio of judges — Sidney R. Thomas, Milan D. Smith Jr. and Michael J. McShane — why Gonzalez Rogers should have looked at the iPhone app store and the payment system as distinctly separate markets instead of bundling them together.

A lawyer for the Justice Department will also get a chance to explain why the agency believes Gonzalez Rogers interpreted the federal antitrust law too narrowly, jeopardizing future enforcement actions against potentially anti-competitive behavior in the technology industry.

Although the department technically isn’t taking sides, its arguments are expected to help Epic make its case that the appeals court should overturn the lower court decision.

from Boston Herald https://ift.tt/ALJFpN6