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41 Loy. L.A. Ent. L. Rev. 215 (2021)
Epic Games v. Apple: Tech-Tying and the Future of Antitrust

handle is hein.journals/laent41 and id is 239 raw text is: EPIC GAMES V. APPLE: TECH-TYING AND THE FUTURE OF ANTITRUST* Emma C. Smizert Antitrust and Big Tech firms are under renewed scrutiny, in part due to the dispute between Epic Games and Apple. This lawsuit strikes at the heart of the growing phenomenon of tech-tying, a form of vertical integration in digital aftermarkets where monopolistic tech firms condition the use of their operating systems on the added use of other complimentary software or services. Judicial attitude toward claims of tying has shifted considerably over recent decades, resulting in lax enforcement against vertical integration arrangements. This Comment argues that Apple's conduct constitutes tech-tying and that competitors should be permitted to enter the aftermarkets of both iOS app distribution and iOS in-app payments processing. Antitrust laws must evolve from its industrial-era origins to account for today's high-tech industry by expanding to protect competition. *Although the printing process will result in this Comment being published after the May 2021 Epic Games v. Apple bench trial in the Northern District of California, the Comment was finalized prior to the trial. The analysis in this Comment will remain relevant to issues likely to be considered on appeal in this case and parallel issues likely to arise in other cases. t J.D. Candidate at Loyola Marymount University, Loyola Law School, Class of 2022. The author would like to thank Professor Lauren Willis, Associate Dean for Research at Loyola Law School, for her invaluable feedback and exhaustive editing. The author would also like to thank David Kesselman, Professor of Antitrust Law at Loyola Law School, for being generous with his time and insights. She would like to express her gratitude to the staff and editors of the Loyola of Los Angeles Entertainment Law Review for their assistance and patience. Lastly, the author would like to thank her friends and family who listened, nodded, and looked interested. 215

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