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, 11:09
Re: Epic Appeals Apple Case to Supreme Court Sep 28, 2023, 11:09
Sep 28, 2023, 11:09
The Half Elf wrote on 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?
HONEST answer (although not my personal feelings, which are a little... vague right now.)

It is anti-competitive to create a market in which real competition is impossible, and then use that as leverage to apply unreasonable conditions on customers and business associates. It's the same thing that Amazon is getting slapped down for.

The counter is that Android is its competition.

The counter-counter is probably going to have something to do with claims that Apple, in their 'ecosystem' business model, is a separate (sub?)market. I have no idea if that's valid or not.
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  Re: Epic Appeals Apple Case to Supreme Court
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