Paresh Dave

OAKLAND, Calif. (Reuters: Apple Inc.) Thursday informed appellate judges Epic Games has failed to demonstrate any legal error that could justify overturning a ruling by a lower court that key App Store policies are not in violation of U.S. antitrust laws.

Epic, best known for “Fortnite”, lost last year’s trial over anticompetitive payment rules. Apple had the right reasons to make Epic use of its payment system to take 15%-30% commissions on their sales, according to that decision.

Epic appealed the decision to the U.S. 9th Circuit Court of Appeals. Circuit Court of Appeals.

Apple responded to Epic’s Thursday reply by stating that Epic failed to offer an acceptable alternative to AppStore policies.

The court filing stated that Epic asked the Judiciary “to fundamentally alter the App Store by forc[ing Apple] to abandon the integrated distributor and digital-content delivery system that, among many other benefits, helps protect user security and privacy.”

Epic and Apple will file second rounds of arguments prior to the appeals panel calling a hearing. This could be next year.

The Epic appeal was supported by the 34 U.S. States and District of Columbia attorneys general who stated in January that Apple suppresses competition via its mobile app store.

Next Thursday is the deadline for outside arguments supporting Apple.

Experts and critics have criticized the decision of the lower-court court. They said it was remarkable that Apple was found to be in violation California’s unfair competition laws, but not Federal Antitrust Law.

Apple also asked in the cross-appeal it filed on Thursday how it might be held responsible under state law, even if its activities were not illegal under federal laws.