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Epic Games Opposes Apple’s Wish To Pause Antitrust Trial

 |  October 24, 2021

On Friday, October 22, “Fortnite” creator Epic Games opposed Apple’s efforts to put on hold orders handed down in an antitrust trial as a potentially lengthy appeals process plays out.

In September, US district Judge Yvonne Gonzalez Roger struck down some of the iPhone maker’s App Store rules, including a prohibition on developers directing their users to other payment options beside Apple’s in-app payment system, in a partial win for Epic and other app makers.

According to Reuters, Apple has until December 9 to comply with the injunction, but earlier this month the company announced it will appeal the ruling and asked Gonzalez Rogers to put her order on hold as the appeals process, which could take more than a year, unfolds.

Epic argued in a court filing that Apple has not met the legal standard for that pause, which requires Apple to show that it will be irreparably harmed by even temporarily complying with the order if the injunction is later reversed on appeal.

Related: Epic Games v. Apple: A Case Summary

Epic stated that Apple’s positive comments about the ruling shortly after it landed, and its delay in asking for a pause, showed that it would not be harmed by enacting the orders.

“The public interest favors denying (Apple’s request); an injunction is the only path to effective relief,” Epic wrote. “History shows … that in the absence of an injunction, Apple will not make any changes.”

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