Apple challenges injunction against self-preferencing services
Sunil Ambalavelil- at Technology, Media and Telecommunications
- on Jul 21, 2022 - 10:40
- on Updated: Jul 21, 2022 - 17:32
In its final legal filing, tech giant Apple argues that an injunction against anti-steering on the App Store should be overturned in its continuing legal dispute with Epic Games.
Apple explains its justification for the legal incorrectness of the anti-steering order in a cross-appeal brief they filed with the 9th Circuit Court of Appeals. More precisely, the iPhone maker claims that even though Epic did not demonstrate harm, the court's decision was unprecedented. “Epic failed to prove direct or indirect harm”, the brief reads.
Apple further said, “In the district court Epic introduced no evidence of injury in fact at any point in the time. The UCL judgement should be reversed for that reason alone.”
Apple detailed a number of primary defenses, one of which was that Epic Games failed to establish the legal requirement of "standing." This is because Epic Games, which is no longer an iOS developer, cannot be harmed by guidelines that solely affects iOS developers.
Apple further asserted that there was insufficient evidence to demonstrate that its anti-steering policy had truly hurt market competition.
The tech giant also said that the injunction improperly applies to all iOS developers. Because Epic opted out of a class action by filing its own lawsuit against Apple, the company says it is the only plaintiff to which the injunction can apply.
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