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Australian court calls out Apple and Google misuse of market power

An Australian federal court has ruled that Apple and Google previously misused their market power by limiting the use of alternative app distribution and payment methods in their app stores, handing a major victory to Epic Games.

In a post on X, Epic, the creator of Fortnite which filed cases back in 2020 and 2021, said the court found Apple and Google “abuse their control over app distribution and in-app payments to limit competition”. The company added this “is a win for developers and consumers in Australia”.

In a summary of the ruling, law firm Gilbert and Tobin explained the court found the companies’ practices, dating back to 2017, breached the country’s competition and consumer act, adding Apple and Google had caused developers to pay materially higher commissions.

The law company noted the decision is the first contested case of the country’s new misuse of market power law introduced in 2017 and “grapples with the issues of walled gardens”.

In the case of the app distribution and in-app payment markets, the court ruled both companies engaged in conduct that had “the purpose, effect or likely effect” of substantially lessening competition.

The court, however, did not accept Epic’s other anti-competitive claims covering exclusive dealings, anti-competitive agreements or unconscionable conduct allegations by Apple and Google in the OS licensing market to OEMs.

The companies have 28 days to appeal the decision.

Source: Mobile World Live

Image Credit: Stock Image

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