After Epic Games’ appeal, Apple wins again: the App Store cannot be considered a monopoly in the United States.
The story between Apple and Epic Games seems like a never-ending story. Even if it has just been produced an important decision in favor of Apple before the United States Court of Appeals for the Ninth Circuit. Following Epic’s appeal of the original decision, it was determined that Apple is not a “monopoly under federal or state antitrust laws”.
In a statement to 9to5Mac, Apple called the decision “a resounding victory in this case.”. Although the company is still not entirely satisfied, because although it has been determined that the App Store is not a monopoly, the decision which ruled that Apple can’t ban developers from using third-party payment options. That’s precisely what Epic did with Fortnite and took the game out of the App Store.
Today’s decision reaffirms Apple’s resounding victory in this case, as nine out of ten claims were decided in favor of Apple. For the second time in two years, a federal court has ruled that Apple is in compliance with state and federal antitrust laws. The App Store continues to foster competition, drive innovation, and expand opportunity, and we’re proud of its profound contributions to users and developers around the world.
We respectfully disagree with the court’s decision regarding the only remaining claim under state law and are considering further review.
Fortnite has been out of the App Store for many years now
After this decision, it is confirmed that the App Store does not violate United States antitrust laws, which is an advantage for Apple. And it is for this precise reason that one of the most important functions of iOS 17 will only be available in Europe, where the law on digital markets establishes that Apple must offer alternatives to its app store on iPhone in the old continent.
Still, Epic has managed in a number of ways that users can play Fortnite on iPhone, although it’s certainly not how they’d like it to be. We’ll see if when iOS 17 is released and alternative app stores are allowed, Epic launches its own iOS store with Fortnite and many other games. Although this is something we only see in Europe at the moment.
