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, 10:57
Re: Epic Appeals Apple Case to Supreme Court Sep 28, 2023, 10:57
Sep 28, 2023, 10:57
The Half Elf wrote on Sep 28, 2023, 10:52:
Prez wrote on Sep 28, 2023, 07:41:
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.

1000 dollar mini computer in your pocket that does phone calls, videos, photo's, audio, editing etc. I mean if you want to have the newest shiny from company X you'll find out a way to get it and justify it. Gonna guess you're pc gaming rig/consoles were all free?

I didn't want to be cheeky but I could have predicted that this would be your exact response. I don't give a crap if you're on team Apple or not. They certainly don't. Like who you like. Just avoid false comparisons. Or don't; I really don't care. I'm just always amazed with the lengths people go to to defend a greedy corporation who could not give less of a shit about you.
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