Apple’s Fortnite Antitrust Trial Ends With Pointed Questions

The judge has said she expects her ruling to be appealed to the U.S. Court of Appeals for the Ninth Circuit. If appealed, a three-judge panel in that court could review her decision. Apple or Epic could then try to appeal that ruling to the U.S. Supreme Court.

If Judge Gonzalez Rogers sides with Epic, Apple would most likely seek to keep her ruling from taking effect until the appeals court weighs in, and she would probably be open to that request, said Mr. Kesselman, the antitrust lawyer. Courts are generally hesitant to force changes to businesses that could then be overturned on appeal, he said, and it was thus likely that any changes to the App Store could take years to arrive.

A victory for Epic would still be a boost for the wider antitrust fight against Apple. The Justice Department is investigating Apple’s control over its App Store, and some federal lawmakers have said app stores are a monopoly and ripe for a legislative fix. Apple also faces two other federal lawsuits over its app fees — one from consumers and one from developers — which are both seeking class-action status. Judge Gonzalez Rogers is also set to hear those cases.

Similarly, a victory for Apple could deflate those challenges. Regulators might be wary to pursue a case against Apple that has already been rejected by a federal judge.

Judge Gonzalez Rogers may also deliver a ruling that makes neither company happy. While Epic wants to be able to host its own app store on iPhones, and Apple wants to continue to operate as it has for years, she might order smaller changes.

Former President Barack Obama nominated Judge Gonzalez Rogers, 56, to the federal court in 2011. Given her base in Oakland, her cases have often related to the technology industry, and she has overseen at least two past cases involving Apple. In both cases, Apple won.

She concluded Monday’s trial by thanking the lawyers and court staff, who mostly used masks and face shields during the proceedings. Months ago in the throes of the coronavirus pandemic, it was unclear if the trial could be held in person, but Judge Gonzalez Rogers decided that it was an important enough case and ordered special rules to minimize the health risks, including limits on the number of people in court.

Article source: https://www.nytimes.com/2021/05/24/technology/apple-epic-antitrust-trial.html