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Antitrust Matters Episode 13: Epic v. Apple Ninth Cir. Appeal…

 |  July 14, 2023

By: Jeff Shinder, David Golden, Matt Cantor & Ankur Kapoor (Antitrust Matters/Constantine Cannon)

In this episode of Antitrust Matters, Matt Cantor, Ankur Kapoor, and David Golden analyze and react to the April 24, 2023, decision of the Ninth Circuit Court of Appeal in the Epic Games v. Apple case.  This episode is a follow-up podcast to Episode 9, Epic v. Apple Ninth Cir. Appeal: Reactions to and Analysis of the Oral Argument.

Jeff Shinder:

Welcome to Antitrust Matters, a Constantine Cannon podcast where we have engaging and timely conversations about competition policy in the digital age. My name is Jeff Shinder and I’ll be your host. Antitrust has always mattered to consumers and businesses, but today it is also in the public discourse more than ever. From how we get our food on our plates, to how we travel, to the way we interact daily using digital apps and platforms, antitrust touches each and every one of us in ways we may not even realize. In Antitrust Matters, we bring you perspectives of experts and visionaries in the field who discuss where antitrust law has been, where it is going, and why it matters today more than ever before.

David Golden:

Welcome back, everyone. I’m David Golden, a partner in Constantine Cannon’s antitrust practice. We’re here to discuss the Ninth Circuits April 24th decision in the Epic Games, the Apple case. We’ll be discussing a few of the issues raised in this decision, but I first wanted to introduce again, two of my partners, Ankur Kapoor and Matt Cantor. Welcome, gentlemen.

When we last discussed this case, it was in November ’22 just before the oral argument, and that was in episode nine of the podcast. Now that the Ninth Circuit has spoken, we are recording this episode to follow-up. So let’s get into it. Matt, there was a lot in the decision about the topic of market definition in the Ninth Circuit. Can you summarize what the circuit held and how did that analysis impact the court’s substantive antitrust analysis?…”