Epic Games has opened a new front in its war on Apple, filing a lawsuit against the tech giant in Australia. 

With a trial, relating to Apple’s removal of Fortnite from its App Store in retaliation for Epic adding its own payment gateway, scheduled to start on 3 May 2021 in California, Epic is pressing home the attack, filing a similar suit with the Australian Federal Court. 

The Australian court filing alleges “Apple’s conduct has forced Epic and other app developers to pay Apple monopoly prices [the 30% commission] in connection with all in-app purchases of their in-app content on iOS devices,” and says this has pushed up costs for Aussie gamers, and unfairly hurt profits of Epic and other app developers. 

Epic’s hopes of defeating Apple down under rest on section 46 of Australia’s Competition and Consumer Act, which categorically prohibits firms wielding a “substantial degree of market power from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition in a market.” 

According to the Sydney Morning Herald, Epic isn’t seeking monetary damages with its Australian lawsuit, and instead wants a ruling to force Apple to allow the operation of third party app stores and direct payments to developers.

Responding to Epic’s actions in Australia, Apple has released a statement defending its 30% commission, and pointing out that Epic was one of the most successful developers on iOS, and going on to say:

“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 behaviour made pawns of customers, and we look forward to making this clear to Australian courts.”

Keen to gather allies in its fight, Epic is being careful to frame the legal battle as for the good of the wider developer community, and has repeatedly pointed out that in the United States, Australia, and elsewhere, all developers are being hit by Apple and Google’s 30% ‘tax’. 

As previously reported, the company has even teamed up with Spotify, Basecamp, Blix, Blockchain.com, Deezer, European Publishers Council, Match, News Media Europe, PrePear, Protonmail, SkyDemon, and Tile, to launch the Coalition for App Fairness. 

Epic Games has also launched legal action against Google in the US, alleging similar abuses of power, though no trial date has yet been set. 

AYO.NEWS says:

So far things don’t seem to be going so well for Apple, with a US federal judge last week rejecting most of the firm’s counterclaims. And, at first glance it seems difficult to argue the tech giant hasn’t breached Australia’s Competition and Consumer Act by forcing apps to be sold only through its own store… but hey, we’re no lawyers. 

One thing is clear, Epic is going to make sure this fight lives up to its name! 

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