Although Epic Games vs. Apple case has reached its conclusion in the United States, the legal battle between the two companies will continue on the other side of the world. Yahoo News reports that the High Court in Canberra, Australia has Apple’s special leave to appeal against a Federal Court judgment which barred the Cupertino tech giant from getting a stay motion on Epic Games case in Australian courts.
When Epic Games decided to challenge Apple’s App Store in-app purchases commission structure, the developer not only filed a case against the iPhone maker in the U.S. but also began litigation in the UK, EU, and Australia. In April this year, Apple argued at the Australian court that Epic’s case was “self-serving” and the developer wants to “redefine the terms of access” on its platforms and Judge Justice Perram, temporarily suspended Epic’s lawsuit because the companies were already fighting the same case in a California court in the United States. However, that ruling was dismissed in July and now the High Court has also maintained that same verdict.
Once again, Epic Games set to argue a case against Apple’s App Store control in Australia
Developer of popular mobile battle royale game, Fortnite told the court that the decision on Epic Games vs. Apple case could have a “chilling effect” on competition in the country and the court agreed. The Full Federal Court said that there were compelling reasons for not granting Apple a stay on the case because “enforcing the exclusive jurisdiction clause “would offend” Australian public policy.”
The proceeding involves “fundamental public interest issues in relation to conduct undertaken in an Australian sub-market” and an Australian company – Apple Pty Ltd – which wasn’t a subsidiary party to the exclusive jurisdiction contractual clause.
The competition regulator intervened in the Federal Court appeal, arguing cases dealing with conduct that impacts on Australian markets and Australian consumers should be heard in Australia by Australian courts.
Previously, the Australian Competition and Consumer Commission chair Rod Sims has said that the case “raises important issues for competition in the digital marketplace”. But Apple has filed an objection to the case being heard in a Federal Court which the company says is a “clearly inappropriate forum for a dispute between two large, successful, US companies that could be determined by the Californian court.”
