Apple vs epic final verdict11/17/2023 ![]() Apple, of course, has a 100 percent market share of distribution of mobile apps on its own platform. That means Epic needs to convince the judge that the market should be defined more narrowly as, simply, iOS apps. And if it has no monopoly, Epic’s other allegations don’t matter. In a market that includes Android, Xbox, and laptops, there’s no way to say Apple has a monopoly on game distribution. If Rogers accepts Apple’s market definition, then Apple wins. That’s a crucial step in many antitrust cases, because to prove a monopoly, you have to show there’s a market that’s being dominated. Resolving this dispute comes down to how Judge Yvonne Gonzalez Rogers, presiding over the federal trial that began this week, chooses to define the relevant market. ![]() Epic can focus on attracting customers on those platforms if it doesn’t like Apple’s terms of service. People can download games in all sorts of other places, like Android phones, gaming consoles, and desktop operating systems. In its defense, Apple makes a number of counterarguments, but the most important is this: The App Store is not a monopoly. (Epic makes similar complaints about Android in a lawsuit against Google that doesn’t yet have a trial date.) Apple uses that monopoly, the suit alleges, to extract unfairly high fees from developers-up to a 30 percent cut of all transactions-who have no choice but to use Apple’s payment system if they want to reach its users. In its lawsuit, Epic Games, the company behind blockbuster video games like Fortnite, accuses Apple of having built a monopoly over iPhone and iPad games by requiring all apps to be downloaded through its App Store. But, ultimately, the case is likely to come down to a deceptively simple question: What’s the market? ![]() Lawyers will put their own spin on what it all means. Executives will be grilled on business practices and forced to explain incriminating emails. Experts from each side will present consumer data and economic theories. Apple antitrust trial is going to be complicated.
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