AGs Argue for Epic Re-do by Ninth Circuit

  • A bipartisan coalition of 35 AGs filed an amicus brief in support of Epic Games, Inc. in the video game company’s ongoing lawsuit against Apple, Inc., in which Epic alleges that Apple’s iOS App Store practices—which led to the removal of Epic’s flagship video game Fortnite from the App store—violate state and federal antitrust laws and California’s Unfair Competition Law (UCL).
  • In April, the Ninth Circuit affirmed the district court’s judgment against Epic on the antitrust claims and in favor of Epic on the UCL claim. Both parties are now petitioning the Ninth Circuit for rehearing.
  • The AGs’ brief argues that the Ninth Circuit’s original decision requires rehearing because although the three-judge panel correctly found the lower court failed to balance the anti-competitive and pro-competitive effects of Apple’s conduct, yet erred in finding the lower court’s error was harmless. The AGs also argue that the decision is inconsistent with Supreme Court precedent. More broadly, the AGs argue that Apple’s conduct harms mobile app developers and consumers by monopolizing app distribution and stifling competition, among other things.