Lawyers for Epic Games and Apple are making their final arguments to a California federal judge on Monday to conclude a three-week trial in which the Fortnite videogame developer accused Apple of being anticompetitive in the exclusivity of its App Store.
Epic argued that Apple improperly blocked third-party app stores on its mobile devices and forced developers to use the App Store’s payment system for digital transactions, collecting commissions of as much as 30%.
Apple has countered that there are many ways for users to access Epic’s Fortnite, that its commission is in line with other platforms, and that Epic only wants to take advantage of Apple’s investment and store without paying its fair share.
In closing arguments on Monday, Epic lawyer Gary Bornstein said that consumers choose the iPhone without much consideration given to the back-end fees related to the platform. Then, once a customer buys an iPhone, upgrade costs and other factors make it difficult for them to switch between competitor devices.
“Saying ‘we’re benevolent folks and we’re talented’ is not enough to say ‘we should have this market to ourselves,’” Bornstein said.
Apple’s lawyers responded that its ecosystem itself is attractive to consumers, while Apple remains competitive with other platforms and devices.
Bornstein also argued that Apple’s search and discovery features incentivize paying for prominent placement. He said if there were alternative marketplaces competing with the App Store, it would encourage more competitive practices. Apple’s lawyers noted that anyone who wants mobile devices with multiple marketplace options can choose to buy an Android device.
Apple faces criticism on multiple fronts. Lawmakers, regulators, and software developers complain it has too much control and restricts competition. Apple says its practices are designed to create a good user experience.
Apple CEO Tim Cook testified Friday that third-party app stores aren’t as motivated to protect Apple user data privacy and guard against malware. Also, he said limiting apps to their own in-app purchase system lets Apple invoice developers for the services it provides.
Closing arguments Monday were debate-style, with the judge peppering lawyers from both sides with questions. A decision by the judge is not expected for months.
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