By Stephen Nellis
(Reuters) – Epic Games on Wednesday asked the U.S. Supreme Court to review the antitrust case it brought against Apple, hoping to reverse lower court rulings that have found the iPhone maker has not violated antitrust laws.
“Fortnite” owner Epic has waged a multi-year legal battle against Apple alleging its App Store, where developers pay commissions of up to 30% on in-app purchases, violates U.S. antitrust laws. In 2021, a trial court ruled Apple’s App Store does not break antitrust laws.
But the lower court said a provision that prevents developers from providing users with a link to other third-party payment methods violated a California unfair competition law. Apple was ordered to change that practice, but those orders have been on hold while the appeal plays out.
Earlier this year, the U.S. Ninth Circuit Court of Appeals upheld the lower court’s ruling, and the U.S. Supreme Court has already refused an emergency bid by Epic to enact the lower court ruling about changing App Store rules, saying they must remain on hold.
Epic’s filing on Wednesday asked the U.S. Supreme Court to clarify several complex areas of antitrust law.
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The trial court found Apple’s practices do in fact reduce competition in the software market, but found in favor of Apple’s arguments that those anticompetitive effects are offset by its efforts to keep iPhones secure.
Epic has argued the trial court performed that legal balancing test incorrectly.
Apple did not immediately respond to request for comment.
(Reporting by Stephen Nellis in San Francisco; Editing by Daniel Wallis)