Legal dispute between Apple and Epic Games may go to trial by jury next year

The legal dispute between Apple and Epic Games over commissions and the Fortnite payment system in the App Store will take a long time to reach a final result.

Judge Yvonne Gonzalez Rogers indicated in an online hearing on September 28, 2020, that a verdict may not come until a jury trial from July 2021. Until then, all controversial income could be parked in an escrow account for the duration of the trial.

Judge Rogers had previously interviewed lawyers from Epic Games and Apple. She wanted to know from Apple whether there was a specific reason for the amount of the commission in the App Store.

Also, Epic Games should explain why 30% is disproportionate. Apple pointed out that 30% is also common in download shops from Microsoft, Sony, Amazon, Nintendo, and others.

The lawyers from Epic Games, in turn, argued that the console manufacturers normally sell their hardware at a loss and are therefore dependent on the commissions for the software. Apple, on the other hand, makes a high profit with every iPad and iPhone.

The judge tends to see the actions of Epic Games rather critically. She complained about the installation of its own payment system in Fortnite as a “calculated breach of the law,” which is not a fair business practice.

In mid-August 2020, Epic Games installed its own payment system in Fortnite, thereby violating the rules of the App Store. That’s why Apple removed the action game from its platform.

According to Epic Games, this affects up to 116 million players, 63% of whom compete in Fortnite exclusively on the supported Apple devices. So far, iOS has been the most important platform for the battle royale game.


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