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Epic Games’ Claim Against App Store Rejected By UK Competition Court
23.02.2021 [15:17],
Konstantin Khodakovsky

Epic Games has failed in an attempt to expand its legal challenge with the Apple App Store to the United Kingdom: the National Competition Court of Appeals ruled that the complaint fell outside its jurisdiction.

On January 14, Epic Games tried to step up pressure on Apple by filing a complaint against the iPhone maker in the UK. A complaint filed with the UK antitrust committee alleges that Apple has illegally removed Fortnite from the App Store and is abusing its dominant market position. In a ruling on Monday, the Competition Court of Appeals said it could not review or rule the case at all.

Epic’s lawsuit targets two Apple organizations — Apple Inc., based in the United States, and British Apple Limited. While the former is Apple itself, the latter is a wholly owned subsidiary of its American company. Epic judged that the UK division of Apple should be a defendant alongside the parent company as it is responsible for supporting UK app developers.

Allegations of anti-competitive practices included the usual allegations that Apple was the only channel for distributing iOS apps, that it was using a dominant position to charge unfair distribution services, and Fortnite’s removal due to Epic’s attempt to introduce its own payment mechanism. to create price competition.

Ultimately, the judge decided that the British company Apple provides services, but is not a party to the agreements with the developers and is not responsible for which applications made it to the App Store. «On this basis, it is difficult for me to understand that Apple UK could be held responsible for any of the alleged violations of competition law,» the court ruled. «There are no major issues with A2 [Apple UK] and it follows that the claim against A1 [Apple US] does not meet the prerequisites.». In other words, since the jurisdiction of the court extends to the British division, but not to the American company, the court simply does not have the right to consider the case.

The lawsuit is another attempt by Epic Games to force Apple to change its policy on the App Store. We are talking about the requirement to allow alternative payment mechanisms on iOS and reduce the commission for any goods in the App Store (now it is 30%). Epic also wants Apple to allow third-party app stores to exist on iOS.

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