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31 U. Miami Bus. L. Rev. 90 (2022-2023)
Epic Games, Inc. v. Apple, Inc: An Epic Opinion for Software Developers

handle is hein.journals/umblr31 and id is 98 raw text is: 








   Epic Games, Inc. v. Apple, Inc.: An Epic

         Opinion for Software Developers


                      Gabriella V. Coffieldal


    Aside from Google Play, Apple's App Store is where the majority
    of apps are downloaded from across the world. Recently, Apple
    has faced scrutiny for its management of the App Store and the
    control Apple has over the market due to the lack of competition.
    Additionally, developers have criticized the 30%  fee Apple
    charges them for  in-app purchases. The recent ruling by the
    Northern District of California in Epic Games, Inc. v. Apple, Inc.,
    559 F. Supp. 3d 898 (N.D. Cal. 2021) addressed this issue and
    issued an injunction allowing the possibility for developers to
    direct consumers to external links to subscribe or make purchases
    which could allow  the developers to circumvent Apple's high
    commission rates.


    In Epic Games, Inc. v. Apple, Inc., the court held Apple was not
    an  antitrust monopolist in  the market  of  mobile  gaming
    transactions under the Sherman  Act;  however, Apple's anti-
    steering restrictions were held to be anticompetitive and unlawful
    under the unfair prong of California's Unfair Competition Law.
    This Comment  analyzes how the Northern District of California
    correctly applied prior law in its holding that Epic Games failed
    to satisfy the rule of reason test to prove Apple's app distribution
    restrictions were anticompetitive effects that were harmful to
    consumers  and unlawful under §1  of the Sherman  Act. While
    Apple's app  distribution restrictions did have anticompetitive
    effects, Apple was able to validate the anticompetitive effects with
    security, interbrand competition, and intellectual property as


al  Juris Doctor Candidate at the University of Miami School of Law, Class of 2023;
Executive Editor of the University of Miami Business Law Review, Vol. 31. Special thanks
to Dean Michael Chiorazzi for his support in creating this Comment.


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