They say the best deals are when neither side ends up happy. By that logic, the
Apple/Epic antitrust decision may be fair, as Reuters reports that both sides
have requested a reexamination of the ruling. Each side requests that 11
judges convene "en banc" as a panel to reconsider the outcome. Reuters notes
this type of request is a long-shot: "Federal appeals courts do not often grant
en banc requests. Last year, the 9th Circuit received 646 petitions asking the
court for en banc rehearings. During that period, the court granted 12 requests.
In 2021, the court granted en banc review in nine cases." Epic filed an
antitrust suit against Apple back in 2020
mobile platform fees. The result
mostly in Apple's favor, but both sides appealed.
Apple won that
, but it seems both sides still have lawyers banging away. Here's a
The April three-judge ruling upheld a 2021 order in California
federal court in Epic's lawsuit which accused Apple of unlawfully requiring
software developers to pay up to 30% in commissions on consumers' in-app
The trial judge found that Apple violated a California state unfair competition
law, but not U.S. antitrust provisions. Apple's new filing challenged a
nationwide injunction over conduct Apple said was "procompetitive and does not
violate the antitrust laws."
Epic's 9th Circuit filing argued that its claims against Apple directly
implicate the "core purpose" of U.S. antitrust law to foster competition. Epic
also argued that the appeals court did not conduct a "rigorous" balancing
between asserted asserted consumer benefits and anticompetitive effects of