U.S. states, DoJ, and Microsoft declare support for Epic in App Store trial

“Microsoft brings a unique – and balanced – perspective to the legal, economic, and technological issues this case implicates”

What you need to know

Several big names have thrown their weight behind Epic Games in their legal case against Apple.
35 U.S. states led by Utah and Microsoft have filed amicus curiae briefs with the Ninth Circuit Court of Appeals.
The Biden administration has also offered its support in a filing from the Department of Justice’s Antitrust Division.

Big tech rival Microsoft, the Department of Justice, and 35 U.S. states have filed briefs in support of Epic Games in its upcoming appeal case versus Apple.

As noted by Florian Mueller:

35 U.S. states led by Utah and Microsoft have officially thrown their weight behind Epic’s appeal through amicus curiae briefs filed with the United States Court of Appeals for the Ninth Circuit.

The Attorney generals of Utah and 34 other states filed a brief, claiming the district court erred in its decision when it decided Apple did not have a monopoly on iOS app distribution, and further stated that Apple was stifling competition.

Another brief filed by Microsoft states “Microsoft brings a unique – and balanced – perspective to the legal, economic, and technological issues this case implicates” and stated that the permutations of the case stretch far beyond gaming and described Apple as having “extraordinary gatekeeper power.”

Finally, the Antitrust Division of the United States Department of Justice filed a similar amicus curiae brief. While the filing claims it is “in support of neither party”, it goes on to assert that the district court in the original Apple vs Epic Games trial erred in a number of key areas in making its decision against Epic Games.

According to Mueller at Foss Patents, the Assistant Attorney General who heads up the Antitrust Division, Jonathan Kanter, worked as counsel for the Epic Games-backed Coalition for App Fairness before taking his role at the DOJ.

In its legal case against Apple, Epic Games is seeking to loosen the company’s grip on its App Store, and to open up devices like the iPhone 13 and other iPhones and iPads to sideloading and alternative third-party payments. Apple faces similar pressure from the Senate in the form of a new emerging Big Tech Bill, which was recently branded by Michael R. Bloomberg as a bad idea that would harm both U.S. consumers and workers.