Last September, a US judge voted in favour of Apple in nine out of ten counts, with the verdict being that Apple has the right to charge developers a commission of up to 30 per cent for operating via its App Store. Epic later appealed.
On the one count against Apple, the firm was granted a stay against the ruling to remove its anti-steering policies until the appeals process concludes.
As reported by Reuters, Apple argued to appellate judges that Epic has failed to show any legal error to justify overturning an earlier judgement that App Store policies do not violate US antitrust laws.
Additionally, Apple brought into question how it could be held liable under state law if its App Store practices have been found permissible under US federal law.
Furthermore, the tech giant added that Epic has failed to propose a reasonable alternative App Store policies, such as its 30 per cent commission, colloquially referred to as the ‘Apple tax’.
No end in sight
The company court filing read: “Epic asks the Judiciary to fundamentally change the App Store by forcing Apple to abandon the integrated distribution and digital-content delivery model that, among many other procompetitive benefits, helps safeguard user security and privacy.”
Both parties are eligible to file a second round of arguments before a hearing is arranged by the appeals panel. Reuters has suggested that this may not happen until next year. Apple is permitted to use outside arguments to support its case next Thursday
Earlier this year, attorneys general from 34 US states and the District of Columbia came in support of Epic that Apple “stifles” competition on its app marketplace.
As Apple continues to make changes to its App Store policies following legal dispute and changes worldwide, the firm has refused to return Epic’s Fortnite developer account.
Most recently, following changes in South Korean legislation that prohibit app marketplaces from preventing third party payments, Epic requested that its Fortnite dev account be reinstated, which Apple refused.
This article was first published on PocketGamer.biz.