Epic also loses appeal in case against Apple’s App Store restrictions

Apple has won the appeal in the case brought against the company by Epic Games. A federal appeals court concludes that Apple does not have a monopoly on the mobile games market and therefore does not violate antitrust law.

Epic CEO Tim Sweeney confirms on Twitter that the company lost the case. This is a case that Epic Games already lost in 2021. Epic had sued Apple because it felt that Apple had a monopoly on app stores by not opening iOS to alternative app stores. The judge largely did not agree; In the ruling, the judge said that Apple is not a monopolist and that the company does not have to comply with most of Epic’s demands, such as opening up iOS. The judge did order Apple to allow external links for payments in apps from now on, so that customers can also see links that allow them to subscribe or make a purchase outside the App Store.

Epic decided to appeal after the ruling. The three-judge federal Ninth Circuit Appeals Court moves according to Bloomberg largely agree with the earlier statement. According to the court, Epic ‘has not been able to prove that Apple has unlawfully created a monopoly position with its ‘walled-garden’ ecosystem for iOS apps’, although the judge does acknowledge that these restrictions ‘have a substantial anti-competitive effect that affects customers’ . Ultimately, however, those restrictions do not fall within the law that prohibits anti-competitive behavior, the judge says. However, the judge upholds the previous ruling on links to payments; Apple must therefore continue to offer this.

Apple tells Bloomberg that it is pleased with the ruling. “This ruling reaffirms Apple’s compelling win in this case, with nine out of 10 claims in Apple’s favor,” the company said in a statement. Epic says it is considering next steps, but it is unclear what they might look like. The lawsuit against Apple has been going on for years, but after losing twice, it does not seem legally possible for Epic to rely on the same grounds in a possible cassation.