Apple asks judge to pause Epic Games antitrust orders as it appeals ruling By Reuters
Stephen Nellis, Paresh Dave
(Reuters) – Apple Inc (NASDAQ) asked a U.S. Federal Judge to place hold orders that would require it to modify some App Store practices. According to court filings, it also appealed the decision in an antitrust lawsuit brought by Epic Games creator of Fortnite.
In September, U.S. District Judge Yvonne Gonzalez Rogers(NYSE:) largely ruled for Apple after a long trial. She did however require one concession from Apple: App developers could not stop including links or buttons in apps that allow users to pay through Apple’s app payment system. Developers are charged a commission.
Gonzalez Rogers, in her complete 180-page decision expressed concern at the impossibility of developers communicating with iPhone owners about other prices.
Apple stated in Friday’s filing, that it could do its and others harm by not complying with this order. The company stated it plans to challenge the order in appeal and wants to have the legal process (which could take up to a year) to begin first.
Epic appeals the decision of the judge that Apple’s payment rules have not been in violation of antitrust laws.
The filing on Friday stated that the requested stay would allow Apple to safeguard consumers while it deals with complex, rapidly evolving technological, legal and economic issues.
Apple has agreed in recent months to relax other communications rules between users and developers as part of settlements reached with Japanese antitrust regulators and developers who sued the company.
Gonzalez Rogers requested that the company provide solutions to help consumers be better informed. The company also stated it is already discussing possible solutions to ensure customers are protected against scams, and to continue to collect commissions.
Apple seeks to have a hearing in November with Gonzalez Rogers regarding its request for a stay. Epic must present its opening arguments in support of its appeal by December 12.
Apple stated that it will keep Fortnite off its App Store until appeals have been exhausted.
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