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September 28, 2020 08:17 pm

Apple's Battle With Epic Over Fortnite Could Reach Jury Trial Next July

Apple and Epic met in a virtual court hearing on Monday to debate whether Fortnite should be allowed to remain in Apple's App Store while the two fight an even bigger battle over whether Apple is violating federal antitrust law. From a report: California Judge Yvonne Gonzalez Rogers said didn't issue any update to her previous ruling, which upheld Apple's ban on Fortnite while the antitrust case is ongoing. Instead she said the companies should expect to hear from her in writing. Rogers said that it's likely that the case, which she added was "the frontier of antitrust law," will be heard in July 2021. She recommended a trial by jury in order that the final judgement reached would be more likely stand up to appeal, although said it's up to Apple or Epic to request this. [...] In court on Monday, Rogers seemed less than impressed with the arguments put forward by Epic's legal team. She said that in the gaming industry, of which Epic is a part, it was standard practice for platforms to take 30% commission, as Apple does. She challenged Epic over its decision to circumvent Apple's policy in spite of its explicit contractual relations with the company, saying the company had "lied about it by omission." "You were not forthright," she said. "You were told you couldn't do it, and you did. There's an old saying, a rose by any other name is still a rose [...] There are plenty of people in the public could consider you guys heroes for what you did, but it's still not honest."

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