The U.S. Department of Justice (DOJ) is talking to Roblox and other game developers to determine whether Apple’s App Store rules are arbitrarily enforced in a way that harms competitors, The Information reported.
During the antitrust lawsuit Epic Games v. Apple, Epic maintained that Apple showed favoritism toward Roblox, which allows users to choose from several games. When Apple’s handling of Roblox came up during the Epic trial, Roblox suddenly changed its website and App Store page and replaced the word “games” with “experiences,” according to the report. DOJ lawyers are now investigating.
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“Games versus experiences is a ridiculous distinction, but it’s more about Apple’s inconsistencies in applying its guidelines, which haven’t kept pace with the growth of the App Store,” Eric Seufert, a mobile app and advertising analyst, told The Information. “The guidelines don’t protect the consumer experience and are selectively enforced to protect Apple’s interest.”
Since the Epic v. Apple trial ended in May, the DOJ has been taking a close look at central tenets that came up during the nine-month suit. Officials recently asked Roblox and app developers about the distinctions between a game and an experience, and why Roblox changed its wording.
DOJ officials also asked if Apple’s 2019 launch of its Arcade video game subscription service had a negative effect on game developers’ ability to compete with Apple and if they had any issue with the App Store rules, three sources with knowledge of the probe told The Information.
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Although Apple’s rule enforcement is unlikely to form the basis of an antitrust offense, if the DOJ can prove arbitrary enforcement with the ulterior motive of stifling competitors, it could be part of a larger lawsuit, according to the report.
Apple has said that its rules that prevent competing app stores and alternate in-app payments are important to ensure product security. Its in-app payments are central to the company’s $15 billion in estimated annual profits from the App Store, about 20% of the company’s total profit, according to trial testimony.
