It’s nearly been a year sinceFortnitewas removed from the Apple Games store.Appledidn’t take kindly to Epic Games going around its platform for payments, thus bypassing the 30 percent commission off each purchase. In response to Epic Games,Appleremoved the game from its mobile platform and has since cost Epic Games a pretty penny in lost revenue. Epic Games, in turn, was not happy about the store’s practice, so it brought the current case against Apple claiming that it has a monopoly over its own gaming market. Epic states that Apple doesn’t have competition in gaming; it hosts it.
What the court has to decide is whether Apple has a monopoly on its own platform and if it is abusing that power. Epic states that forcing customers to only let developers get products out through its system and then forcing a 15 to 30 percent commission is breaking an anti-trust law. The law doesn’t allow for a company to tie one product or service to another. The defense states that its the same rate for developers who put out content for Sony, Nintendo, and Xbox. It’s certainly an uphill battleon Epic Games' part, but the company hasn’t stepped down and is committed to putting up a principled fight to prove its case.
Breaking the Rules
This whole debacle started because Epic Games was unsatisfied with Apple’s pricing model and encouraged its players to buy currency outside of the Apple market through a discount. This went against Apple’s rules and it banned the popularFortnite.Apple’s anti-competitive behaviormay have put it in hot water though, as the antitrust laws being brought have a larger implication for tech companies around the country. Apple isn’t the only company which has grown outside the outdated term of a monopoly, and if it’s found guilty of breaking the law, it could mean that similar platforms might have to limit their control and profit over developers.
The First Day
The first day of the trial was on May 3rd, 2021, and things got fairly hectic thanks to some technical difficulties. The physical trial was closed to the public and press, so a conference call was set up to provide those people access. For half an hour, the call only partially worked and a group of disgruntledFortnitefans who disrupted the courtyelled at and pleaded with the judge to release their favorite game. Once everything was under control, Epic Games made its case that Apple works on a “walled garden” method, keeping customers in and developers controlled.
Apple came back and stated that the “market” should be viewed more widely forplatforms such as Xbox, PlayStation, and Nintendo. At one point, Apple attorney Karen Dunn states that opening up the market to more developers and limiting how much profit Apple can take would provide consumers with “less choice,” which seems to be the opposite of what’s true. While it’s fighting a valiant case, Apple’s fate may have been foretold in a recent decision by the European Commission decision that states that Apple is its own market, and has used its power thus far for negative actions.
Whatever the outcome is, hopefully it comes with a return ofFortniteand Epic Gamesto the Apple Market. If Apple loses, then it’s likely fans will see the game back there eventually. However, if the judge rules in favor of Apple, it could mean a precedent for tech companies to put more limitations on what developers can do inside a host platform. There are rumors that the Justice Department is also watching this case to determine if it needs to bring a monopoly case against Apple on behalf of America’s consumers.
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