Apple’s attempt to halt orders issued as a result of an antitrust complaint brought by Epic Games, the creator of Fortnite, was dismissed by a US judge on Tuesday.
The iPhone maker promptly announced that it would appeal the decision, hoping to avoid any major changes to its profitable App Store before the court’s December 9 deadline.
Epic went to court earlier this year to challenge Apple’s practise of requiring developers to adopt its in-app payment mechanism and pay Apple commissions. Judge Yvonne Gonzalez Rogers handed a mainly favourable verdict to Apple in September.
She was concerned, however, that Apple was keeping consumers in the dark about alternative payment methods, and she ordered Apple to waive its ban on in-app links, buttons, and messages informing users of alternative payment methods.
Apple has filed an appeal with the judge, requesting that she halt her orders while the appeals process plays out, which could take years.
Gonzalez Rogers, in a stinging rebuke to Apple, said the company’s bans on informing customers about other payment methods revealed “incipient antitrust activity, including super-competitive commission rates resulting in abnormally large operating margins” for its App Store.
She stated that Apple’s own in-app payment methods would still be more convenient than third-party options, and that many consumers would opt for them.
Gonzalez Rogers wrote, “The reality remains: it should be their option.” “The public’s interest is served by consumer knowledge, transparency, and choice.”
Gonzalez Rogers’ refusal will be appealed to the US Ninth Circuit Court of Appeals, which could grant Apple a temporary stay before the December 9 deadline.
“Apple argues that no new business adjustments should be implemented until the case’s appeals are decided. Based on these conditions, we intend to petition the Ninth Circuit for a stay “In a statement, Apple added.