Department of Justice gets permission to argue Epic Games's side

The DOJ has been granted permission to present oral arguments in the Epic Games vs Apple appeal, and is expected to repeat prior claims that Apple's victory could harm antitrust enforcement.

Representatives from the Department of Justice have previously joined 34 States in siding with Epic Games in its dispute against Apple's App Store. Now with an appeal set for October 21, the DOJ asked permission to present oral arguments.

The Department filed a request to present for 10 minutes during the appeal and this has now been granted. The DOJ's lawyers said they wanted to explain to the court details of the proper legal framework for evaluating antitrust issues.

Back in 2018, the DOJ actually supported Apple over the App Store in an amicus brief. But in 2022, it was one of many parties filing amicus briefs against Apple.

The Department has argued that there were "multiple legal errors" in how the court interpreted the Sherman Act about antitrust issues. Its lawyers maintain that upholding Apple's victory could "imperil" future antitrust enforcement.

Such future enforcement could include the antitrust case that the DOJ is separately preparing against Apple.

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14 Comments

genovelle

said about 1 year ago

I find the Epic case to be problematic. If I were Apple I would go scorched earth because the alternative negates any platform innovation investment going forward. I would make it clear , we have spent 50 billion dollars building and maintaining our platform. It is primarily for our first party apps and services and are designed to make a profit for our shareholders. We are to make as much profit as possible just like any other company. We choose to offer an extreme amount of value to our customers with products that last 2 to 3 years beyond our competitors in many cases. We do not cans can justify continuing to support products of platforms that do not meet our profitability standards or we see potential to grow into them.

We chose to allow 3rd parties access to our platforms to partner with us and have access to all we have built and continue to build and support with minimal upfront expense. The App Store is our real estate in the same way that Disney World belongs to Disney and vendors they allow access can either agree to their terms or choose not to participate. There is nothing preventing Epic from selling their wares else where. Mac OS, Apple’s original platform and the foundation for iOS is not supported by Epic and others with AAA games. Should they be forced to do so and invest their profits, because it’s better for consumer choice?

wood1208

said about 1 year ago

Not a Justice department's place to start taking side for one company vs other ?

foregoneconclusion

said about 1 year ago

Epic lost the original court case because they couldn't provide EVIDENCE that Apple had violated antitrust laws. They didn't lose due to "interpretation".

"The final trial record did not include evidence of other critical factors, such as barriers to entry and conduct decreasing output or decreasing innovation in the relevant market."

https://regmedia.co.uk/2021/09/10/epic-v-apple.pdf

Kuyangkoh

said about 1 year ago

Department of Justice…..there you go again.

Madbum

said about 1 year ago

By doing this,

People need to know the Biden Justice department is essentially working on behalf of the Chinese communists as Epic is 49 percent owned by Tencent

I voted for Biden but this is truly shameful and disgusting