Billions of dollars are at stake. In-app spending is forecast to reach $182 billion this year and $207 billion in 2025, according to research firm Sensor Tower. And competitors are ready to steal a piece of it: Microsoft Corp. has said that it’s already in talks to launch a mobile app store focused on gaming.
The 9th US Circuit Court of Appeals last year largely affirmed a lower-court judge’s 2021 decision largely rejecting claims by Epic that Apple’s online marketplace policies violated federal antitrust law because they ban third-party app marketplaces on its operating system. But the appeals court also upheld a federal judge’s ruling that the iPhone maker’s practices don’t violate federal antitrust law, rejecting the bulk of Epic’s case against Apple’s App Store.
That decision had been on hold while the Supreme Court appeals were pending.
The Epic case was the first to challenge Apple’s lucrative App Store system, which rakes in billions of dollars each year. In the interim, the company has come under serious pressure around the world, including in Europe where competition enforcers have two antitrust cases pending against the tech giant. EU authorities are expected to fine the company later this year for allegedly using its App Store rules to thwart music-streaming rivals like Spotify Technologies SA.
In a separate Epic suit in December, a jury found that Alphabet Inc.’s Google unfairly wields monopoly power in its Android app store. Google has said it plans to appeal, but key legislation in Europe, investigations in the US and UK and an expected wave of follow-on lawsuits will keep pressure on the tech giants’ app store duopoly.
The cases are Apple v. Epic, 23-244, and Epic v. Apple, 23-337.
—Bloomberg News