Epic Games is gearing up to take legal action against Apple over Apple’s compliance with a court order regarding changes to its App Store rules. The court order came as a result of an antitrust case filed by Epic Games, in which the district court judge ruled that app developers should be allowed to direct their users to external payment options beyond Apple’s in-app purchases. Although Apple agreed to allow these links, it still planned to take a 27% commission on those sales, which Epic criticized as “malicious compliance.”
The 9th Circuit Court of Appeals upheld the original ruling, but Apple was required to update its App Store Guidelines to remove its “anti-steering rule.” This ruling was ultimately upheld in the Supreme Court after Apple and Epic both appealed it.
After the ruling stood, Epic Games CEO Tim Sweeney accused Apple of acting in bad faith and undermining the order. Epic has now filed a notice of non-compliance with the court and plans to challenge Apple over the matter.
Apple, in response, filed a “Notice of Compliance” explaining how it would allow app developers to promote their subscriptions on the web, while still taking a commission. However, the discount offered by Apple may not cover the developer’s payment processing fees, potentially leading to higher costs compared to Apple’s in-app purchases.
Apple argues that its commission is justified based on the investments it has made in its platform and developer tools, which go beyond payment processing fees. Additionally, Apple has implemented new requirements for developers to include links in their apps and will display warning pop-ups to customers when clicking these links.
It remains to be seen how Epic will argue for Apple’s compliance to be deemed unfair or unjust. While Apple may be following the letter of the law, Epic still plans to challenge the company’s actions.
For further comment, Epic has not provided additional details on the nature of its forthcoming complaint.
Notice of Non-compliance and Intent to Move to Enforce Ucl Injunction by TechCrunch on Scribd
