Big tech rival Microsoft, the Department of Justice and 35 US states have filed briefs in support of Epic Games in its upcoming appeal against Apple.
As noted Florian Muller:
35 US states led by Utah and Microsoft have officially supported Epic’s appeal through amicus curiae briefs filed with the US Court of Appeals for the Ninth Circuit.
Attorneys general for Utah and 34 other states filed a brief, saying the district court erred in its decision by deciding that Apple did not have a monopoly on the distribution of iOS apps, and further stated that Apple was stifling competition.
Another brief filed by Microsoft states that “Microsoft brings a unique — and balanced — perspective to the legal, economic, and technological issues this case involves” and said the permutations of the case extend well beyond gaming and described Apple as having “extraordinary power of control.”
Finally, the United States Department of Justice Antitrust Division filed a similar amicus curiae brief. Although the filing claims it is “not supportive of either party”, it goes on to claim that the district court in the original Apple v. Epic Games lawsuit erred in a number of key areas. making its decision against Epic Games.
According to Mueller at Foss Patents, the assistant attorney general who leads the antitrust division, Jonathan Kanter, worked as an attorney for the Epic Games-backed Coalition for App Fairness before taking up his post at the DOJ.
In its lawsuit against Apple, Epic Games is seeking to loosen the company’s grip on its App Store and open up devices like the iPhone 13 and other iPhones and iPads to sideloading and alternative third-party payments. Apple is facing similar pressure from the Senate in the form of an emerging new Big Tech Bill, which was recently called by Michael R. Bloomberg a bad idea that would hurt both consumers and American workers.