Sep 09, 2020

> a similar anti-trust suit filed by an Apple user was thrown out without a trial on grounds that the customer was not able to sufficiently demonstrate Apple's practices harmed them

Which case is this? Epic’s complaint [1] only mentions the word “standing” once and seeks broad restraints on Apple’s “conduct” that go beyond the enforcement of one TOS clause. I can see why strategically, Epic thought it was best to build the record by breaching its contract with Apple first, but it’s not clear that this was an essential precondition to the lawsuit.

[1] https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Sep 09, 2020

They would only have no standing on the fact that you can't provide other payment methods in your app. They bring up many complaints in their lawsuit[0], mainly there being no competing app store for iOS and 30% being 10x the 3% most regular payment processors charge for processing and fraud detection. I (and you) obviously can't say whether or not the case would be thrown out in a different situation since it didn't happen, but I don't see why it would be thrown out since both of those points seems fair for a antitrust lawsuit, and 30% of sales is enough to mean millions in potential damages.

0: https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 17, 2020

That is not an apt analogy because the switching costs for grocery stores is no where near as high with iOS. If you want the full argument I highly recommend reading the full legal filing.[1]

[1] https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 17, 2020

Epic is specifically arguing that Apple's policies violate the Sherman Act, the California Cartwright Act, and the Unfair Competition Law of California. For more information, refer to the complaint: https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 17, 2020

Source? They specifically state that they're not suing for damages and I doubt they have changed their case in the last few days...

> Apple’s conduct has caused and continues to cause Epic financial harm, but as noted above, Epic is not bringing this case to recover these damages; Epic is not seeking any monetary damages.

https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 13, 2020

Epic Games has filed a lawsuit [1] and published a Fortnite-themed parody of Apple's "1984" [2] to get some publicity for it.

[1] https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

[2] https://www.youtube.com/watch?v=euiSHuaw6Q4

Aug 13, 2020

Epic has filed a legal complaint, according to their Twitter account: https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 13, 2020

I'll defer to Epic's official court filings to make the argument for a monopoly for me. I'm not an expert on such topics, and it would be out of turn for me to speak more on it.

"Apple monopolizes the iOS App Distribution Market".

https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 13, 2020

The transparent sophistication of this ploy is strangely delightful. And very reminiscent of Steve Jobs' e-book negotiation emails, https://www.theatlantic.com/business/archive/2013/05/the-ste...

We have been given court-side seats to a sophisticated game of feints and dramatic negotiation. Pre-Game, Epic lined their shot with care. They've come prepared with media and assets, (no doubt) lawyers (and potential lawsuits?), PR strategy, regulatory strategy etc. They know the argument they would like to make. And they know how to make it.

How will Apple respond? Will Epic's strong start lead to a strong finish?

Their machinations have been laid scandalously bare. If you listen closely, you can hear your local business school clickety-clacking away to a ludicrously overpriced case study. And the local #hustle blogger RSI their way to a million views.

O'Think of the great blog posts and MBA lessons this drama will make!

edit: and they've filed for relief! https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 13, 2020

They also released this:

https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

Aug 13, 2020

That was quick https://cdn2.unrealengine.com/apple-complaint-734589783.pdf