Epic Appeals Apple Case to Supreme Court

Epic has taken what's presumably the final step in its antitrust legal battle with Apple over App Store fees, as The Verge reports Epic has petitioned the Supreme Court to intervene and have a final say in the matter. The filing starts with a surprisingly concise summary of the questions presented:
This case presents two critical questions regarding the legal standards governing the Rule of Reason, which determines the outcome of nearly every Sherman Act case. It is well settled that a restraint that has both pro- and anti- competitive effects is unlawful if a ‘less-restrictive alternative” will achieve the same benefits while harming competition less. The circuits are divided, however, on two issues that were outcome-determinative in this case (1) the legal test for identifying a less-restrictive alternative; and (2) if no less-restrictive alternative exists, whether the restraint is valid even when (as in this case) the court finds harms to competition that vastly outweigh the benefits.

The Questions Presented are:

  1. Must a less restrictive alternative be free from additional costs to the defendant?
  2. If there is no less-restrictive alternative, is the restraint invalid if the harms to competition substantially outweigh the restraint’s procompetitive justification?

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Re: Epic Appeals Apple Case to Supreme Court
Sep 28, 2023, 07:41
Prez
 
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Re: Epic Appeals Apple Case to Supreme Court Sep 28, 2023, 07:41
Sep 28, 2023, 07:41
 Prez
 
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?

EDIT: To be clear, that in and of itself is not anti-competitive, but it is indicative of anti-competitive practices by Apple.

This comment was edited on Sep 28, 2023, 08:10.
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
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2.
 
Re: Epic Appeals Apple Case to Supreme Court
Sep 28, 2023, 02:31
2.
Re: Epic Appeals Apple Case to Supreme Court Sep 28, 2023, 02:31
Sep 28, 2023, 02:31
 
Hope Epic gets sexually assaulted by a giant angry in heat rhino called the Supreme Court.

So here is a HONEST question, and please try to explain this to me. Apple makes a great product, and makes a app store with rules X Y and Z. People complain that it's anti-competitive. How is it anti-competitive to have your own custom created app store, when no one else steps up to make anything else like it except Google, and (gonna assume) Microsoft with their cell phone products?
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Re: Epic Appeals Apple Case to Supreme Court
Sep 28, 2023, 01:09
Prez
 
1.
Re: Epic Appeals Apple Case to Supreme Court Sep 28, 2023, 01:09
Sep 28, 2023, 01:09
 Prez
 
I don't find the word "procompetive" applicable whatsoever when talking about a case between Apple and Epic. Like the movie tagline said, "Whoever wins, we lose".
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
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