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Epic’s legal battle with Apple has hit a roadblock in the UK. Despite a mixed ruling on Epic’s right to sue Google, Justice Roth has ruled that a lawsuit against Apple doesn’t reach the UK court’s jurisdiction.
Specifically, Epic Games was seeking permission to force action on Apple through the UK court system. Epic targeted Apple Inc., which is based in the US, and Apple Ltd, which is an English company and wholly owned subsidiary of Apple Inc.
Family feud online games play free. In a decision reached today after a virtual hearing was conducted in January, Justice Roth concluded that Epic Games should not have permission to bring its case against Apple in the UK court.
- (Reuters) - The UK antitrust tribunal ruled on Monday that Epic Games, the creator of popular game Fortnite, will not be allowed to pursue its case against Apple Inc in the United Kingdom over its.
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In the Apple action (Case 1377), the application for permission to serve the proceedings on A1 out of the jurisdiction was refused.
That means Epic’s legal battle against Apple Inc. will be limited to the US court system, although the battle against Apple Ltd is in the UK court system’s jurisdiction.
Justice Roth made a mixed decision in the case of Epic versus Alphabet/Google:
In the Google action (Case 1378), the application for permission to serve the proceedings on G1 and G2 out of the jurisdiction was granted for certain claims for breach of the Chapter I and Chapter II prohibitions under the CA 1998, and the injunctions claimed at paras (c), (d) and (h) of the prayer to the Claim Form. Permission was refused as regards the other claims made.
G1 and G2 refer to Alphabet Inc and Google LLC, both US companies. Google has three other entities that are within the UK court’s jurisdiction. The complete judgement is available from the Competition Appeal Tribunal here.
The short of the case is that Epic Games wants to retain all revenue from its properties, including Fortnite. Both Apple and Google take a share of revenue generated through their respective app stores.
Epic Games App
After Epic ignored policy and created in-game commerce that didn’t use platform in-app purchase systems, both Apple and Google removed Fornite from their app stores.
An Epic Games spokesperson issued this statement in response to the decision:
“We are pleased that the Court has granted Epic permission to pursue our case against Google in the U.K. Epic will reconsider pursuing its case against Apple in the U.K. after the resolution of the U.S. case. We note the Competition Appeal Tribunal’s assessment that Apple and Google’s anticompetitive app store policies are ‘serious issues to be tried’ under UK Competition law, and that it is ‘well arguable’ that their conduct has ‘an immediate and substantial effect in the UK’. We are unwavering in our commitment to stopping Apple and Google’s anti-competitive practices and will continue to fight for fairer app distribution globally.”
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Original Story: Epic has expanded its ongoing legal battle against Apple and Google by filing new complaints in the UK.
The US company has filed a claim to the Competition Appeal Tribunal against each of the mobile platform holders, alleging that both have 'abused [their] dominant position' in the market and 'engaged in anti-competitive agreements/concerted practices' in both the UK and EU.
The two filings against Apple and Google are the latest step in Epic Games' campaign to restore Fortnite to app stores and change the way mobile ecosystems operate.
The filings were filed on December 8 and 29 respectively, but have only this week been made public by the Tribunal.
Back in August, Epic Games added direct payment options to Fortnite on mobile, avoiding the 30% commission both Apple and Google require as part of their developer agreements.
Both companies then removed Fortnite from their marketplaces, to which Epic responded with anti-trust lawsuits.
Now the firm is calling on the Competition Appeal Tribunal to rule that the removal of Fortnite from these stores was unlawful, as are certain terms in their developer agreements.
Epic Games also wants Fortnite to be restored to both stores, and to be allowed to offer users the option of direct payments.
The filings are largely similar, but there are some variations in Epic's requests based on the differences between the way the two marketplaces operate.
In the case of Apple, Epic wants an order preventing the company from restricting the download of the Epic Games Store to any Apple device in the UK, and an order requiring Apple to lift the requirement that all software must been downloaded and all payments handled through the App Store.
Meanwhile, Epic is asking the Tribunal to order Google to stop imposing the pre-installation of Google Play on all Android devices in the UK and demanding that phone manufacturers prioritise this store over others.
It also wants Google to stop preventing manufacturers from entering into agreements with Epic over pre-installing the Epic Games Store.
Neither filing request damages or financial relief, although does request 'such further or other relief as the Tribunal may think fit.'
Back in November, a Judge dismissed Apple's claims that Epic was guilty of theft as part of this dispute, instead saying the battle should focus on breach of contract and claims of anti-trust.
![Epic Games Store Uk Epic Games Store Uk](https://www.deepsilver.com/wp-content/uploads/sites/3/nggallery/iron-harvest/IH_screenshot3.jpg)
Later that month, Apple reduced the commission free on sales and in-app purchases to 15% for developers earning less than $1 million per year.
Epic CEO Tim Sweeney responded that his company is 'not fighting for lower commission' but for 'fair competition among mobile platform companies, stores, and payment processors.'
The trial between Epic and Apple is due to take place in May. Epic suggested a February trial against Google, which the internet giant tried to push back to October -- something the judge rejected.
The judge overseeing the Epic vs Apple case has warned that its ruling could have 'serious ramifications' for Nintendo, PlayStation and Xbox, which also operate 'walled garden' ecosystems.
Update:GamesIndustry.biz has received a statement from Epic Games, adding that it will make its case to the Tribunal on January 21.
'We believe that this is an important argument to make on behalf of consumers and developers in the UK and around the world who are impacted by Apple and Google's misuse of market power,' said VP of communcations and policy Tera Randall.
'Epic is not seeking damages from Apple or Google in the UK, Australia or the US, it is simply seeking fair access and competition that will benefit all consumers.'
Epic Games To Play
Update 2: Apple has also released a statement to GamesIndustry.biz, in which the company said:
Epic Games Game List
“For twelve years, the App Store has helped developers turn their brightest ideas into apps that change the world. Our priorities have always been to provide customers with a safe and trusted place to download software and to apply the rules equally to all developers. Epic has been one of the most successful developers on the App Store, growing into a multibillion dollar business that reaches millions of iOS customers around the world, including the United Kingdom.
Epic Games Pc
'In ways a judge has described as deceptive and clandestine, Epic enabled a feature in its app which was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines that apply equally to every developer and protect customers. Their reckless behavior made pawns of customers, and we look forward to making this clear to courts in the UK.” Is fortnite download.