Epic Games has filed an appeal to a Friday’s ruling in its lawsuit against Apple, calling on a higher court to reexamine the case and overturn the judge’s ruling.
“Notice is hereby given that Epic Games, Inc…. appeals to the United States Court of Appeals for the Ninth Circuit from the final Judgment entered on September 10, 2021,” the document reads. Few details are given about the legal basis for Epic’s appeal, but it is likely to continue to press on the federal antitrust allegations dismissed by the court.
At trial, Epic argued Apple had a monopoly because of how it requires developers to use its payments system for in-game purchases. But Judge Yvonne Gonzalez Rogers ruled Friday that Epic should pay damages to Apple for violating rules around its in-app purchasing system, while undoing Apple’s most restrictive rules on steering customers to alternate payment systems.
Most notably, the judge found that Epic failed to make the case for Apple as a monopoly in the mobile gaming marketplace, which she ultimately found was the relevant market for the company’s claims. “The evidence does suggest that Apple is near the precipice of substantial market power, or monopoly power, with its considerable market share,” Judge Rogers wrote — but said the antitrust claims failed in part “because [Epic] did not focus on this topic.”
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