Apple and Epic Appeal Court Decision

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 over mobile platform fees. The result went mostly in Apple's favor, but both sides appealed. Apple won that appeal, but it seems both sides still have lawyers banging away. Here's a summary:
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 purchases.

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 Apple's practices.