- ‘Fortnite’ maker Epic Games has launched the most significant effort yet to advance the legal theory that Apple’s iPhone ecosystem has become so “sticky” that it is a distinct software market over which Apple exercises monopoly power.
The suit seeks a court order ending Apple’s commission structure and forcing Apple to allow users to install software on iPhones outside the confines of the App Store. Epic also sued Alphabet Inc’s Google, but the case is different because Android phones allow app installs outside its Play Store. “A customer choosing to purchase or switch to a non-Apple device loses access to these services, leading to increased costs a customer must face when choosing to leave Apple’s ecosystem,” Epic wrote.Its primary defense in the past when confronted with allegations of anticompetitive practices is that it does not have a majority share of the global smartphone market.
But if a federal court accepts the argument that the iOS app distribution and in-app payment markets are distinct, the implications could be profound, said John M. Newman, an associate professor at the University of Miami School of Law.
Apple shipped 70.7 million units in the fourth quarter of 2019 — slightly beating Samsung’s estimated 68.8 million shipments, but Tim Cook told congressional hearing that Apple didn't have the largest share of any market... DefundBigTech
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