Here we go again. Apple and “Fortnite” maker Epic Games on Wednesday both asked a U.S. appeals court to reconsider its April ruling in an antitrust case that could force Apple to change payment practices in its App Store, reports Reuters.
In a submission to the 9th Circuit, Epic says allegations against Apple directly relate to the fundamental objective of US antitrust law and that the appeals court didn’t thoroughly examine and weigh the consumer benefits asserted by Apple against the anticompetitive consequences of its practices.
Lawyers of both Epic and Apple have suggested that the panel review the case again or that the court assemble an 11-judge panel, known as “en banc,” to reconsider the disagreement.
In April the U.S. 9th Circuit Court of Appeal upheld a 2021 order in an antitrust case brought by Epic Games that could require Apple to allow developers to provide links and buttons for third-party in-app payment options and thereby avoid paying sales commissions to the iPhone maker.
In a 185-page ruling in September 2021, Judge Yvonne Gonzalez Rogers said “the Court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws,” but she said the trial “did show that Apple is engaging in anticompetitive conduct under California’s competition laws.” Rogers concluded that “Apple’s anti-steering provisions hide critical information from consumers and illegally stifle consumer choice.”