Apple Asks Judge to Stay Epic Games Antitrust Rulings as It Appeals Ruling

Authors: Stephen Nellis and Paresh Dave

Oct 8 (Reuters) – Apple Inc. asked a U.S. federal judge on Friday to stay enforcement of orders that could require it to change some of its App Store practices and said it is also appealing an antitrust ruling brought by “Fortnite” maker Epic Games, court documents showed.

U.S. District Judge Yvonne Gonzalez Rogers ruled in favor of Apple in September after a weeks-long trial. But she required one key concession: As of Dec. 9, Apple can no longer prohibit app developers from including buttons or links in their apps that direct users to payment methods outside of Apple’s in-app payment system, which collects a commission from developers.

In her 180-page ruling, Gonzalez Rogers expressed concern that software developers were being prevented from communicating with iPhone users about alternative pricing.

Apple said in a filing Friday that complying with the order could harm it and consumers. It said it expects to win an appeal challenging the order and wants to let the legal process play out first, which could take about a year.

Epic is appealing a judge’s ruling that found Apple did not violate antitrust law in its payments rules.

“The stay motion will allow Apple to protect consumers and secure its platform while the company grapples with complex and rapidly evolving legal, technological, and economic issues,” the filing said Friday.

In recent months, Apple has agreed to relax other rules on communications between game developers and users as part of a settlement with game developers who sued the company and Japan’s antitrust regulator.

The company said it has already begun discussions on solutions that will both meet Gonzalez Rogers’ request to provide consumers with more information and its desire to protect consumers from fraud and allow them to continue collecting commissions.

Apple wants a hearing with Gonzalez Rogers in early November on its motion to stay the proceedings. Epic is scheduled to present opening arguments in its appeal by December 12.

Apple said it does not intend to release “Fortnite” on the App Store until all appeals have been exhausted. (Reporting by Stephen Nellis and Paresh Dave; Editing by Rosalba O’Brien)