epic’s latest argument in its fight against apple keeps antitrust issues front and center

Epic Games, the developer of the renowned Fortnite game and a prominent game engine provider, is centering its legal battle with Apple on concerns regarding antitrust regulations, as pressure increases to address the anti-competitive behaviors of the world’s leading technology corporations.
Arguments related to antitrust legislation are gaining traction across the political landscape, potentially establishing a more supportive climate for Epic Games to present its case.
The U.S. Department of Justice filed an antitrust lawsuit against Google earlier this month, coinciding with Congress outlining strategies to curtail the monopolistic influence of four companies valued at over a trillion dollars each: Facebook, Amazon, Apple, and Alphabet (Google’s parent company).
Legal representatives for Epic Games have conceded that the company violated its agreement with Apple; however, they assert that this action was taken solely due to the unlawful nature of Apple’s contractual limitations.
“Epic’s actions to enable iOS users to make payments directly resulted in a breach of certain contractual obligations imposed on iOS developers by Apple,” the lawyers stated. “This was done because those contractual restrictions are considered unlawful. Epic deliberately challenged Apple’s monopoly to demonstrate the viability of competition on iOS and the benefits it would provide to consumers. Epic refrained from notifying Apple in advance, as Apple would likely have leveraged its monopolistic control to prevent such competition.”
The core of the dispute revolves around whether Apple can assert control over commercial transactions occurring on devices it manufactures and within the marketplace that companies are required to utilize to reach those devices’ users.
“This is a flawed and unreasonable perspective,” stated Tim Sweeney, founder and CEO of Epic Games, in a social media post.
Epic Games is arguing in court that Apple’s contractual restrictions stifle competition and limit options for both developers and consumers.
From Epic’s viewpoint, the company’s creation of an in-game marketplace directly accessible to its players was intended to demonstrate that the App Store is not essential to the iOS environment; “it is merely a tool employed by Apple to sustain its monopoly,” according to the company’s legal team.
“Apple is not entitled to the benefits derived from Epic’s work beyond those stipulated in a contract. Consumers who make purchases within Fortnite are compensating Epic for its creativity, innovation, and effort—for the enjoyment of an experience designed by Epic,” the company asserted in its court filing.
The legal conflict between a highly valued technology company and a rapidly growing, popular entity in the tech industry began in August when Epic Games introduced a new payment system within its Fortnite app, allowing players to purchase in-game currency directly, bypassing Apple’s in-app purchase system.
The company implemented the same update for its Android game. Both Apple and Alphabet responded by removing Fortnite from their respective app stores.
Earlier this month, Judge Yvonne Gonzales Rogers maintained a temporary restraining order issued in September, which simultaneously safeguards Epic’s Unreal Engine from potential repercussions by Apple while permitting Apple to continue excluding Epic’s Fortnite game from its App Store.