Toronto Star

Apple Inc. suffered a huge blow Friday when they were ordered by a court to allow developers to steer consumers to outside payment methods for mobile apps.

Depending on appeal, companies will be able to avoid App Store cut

- MALATHI NAYAK, MARK GURMAN AND OLGA KHARIF

Apple Inc. was ordered by a court to allow developers to steer consumers to outside payment methods for mobile apps, in a ruling that is a severe blow to the iPhone maker.

A federal judge granted an injunction sought by Epic Games Inc. Friday while also ordering the gamemaker to pay damages to Apple for breach of contract. The order could take a big bite out of the profitabil­ity of the App Store: according to analysts the App Store takes in more than $20 billion (U.S.) a year with a profit margin above 75 per cent.

The decision is a setback for the world’s most valuable company as it faces growing antitrust scrutiny from lawmakers and global regulators. Apple is expected to appeal, setting the stage for the fight to carry on for at least another year and possibly make its way to the U.S. Supreme Court.

Apple recently has made some modest concession­s amid criticism of its market dominance, including allowing developers of media apps like Netflix to link from its App Store to external websites for payments by users and making it easier for developers to promote alternativ­e pricing plans and ways to pay — without Apple taking a cut.

Still, the ruling by U.S. District Judge Yvonne Gonzalez Rogers is a warning shot across the bow for the Cupertino, Calif.-based company as legislator­s and regulators examine the role Apple and other big tech companies have as gatekeeper­s to the digital economy. It could also open the floodgates to follow-on lawsuits seeking millions of dollars in damages.

The evidence outlined in the three-week Epic trial in Oakland, Calif., cast a harsh light on tech’s power and will help build the larger case against Apple and other technology giants including Alphabet Inc., Amazon.com Inc. and Facebook Inc.

Epic sued Apple in August 2020 after the iPhone-maker removed the Fortnite game from its App Store because the gaming company created a workaround to paying a 30 per cent fee on customers’ in-app purchases. Epic wasn’t seeking monetary damages, but sought a court order to stop what it called Apple’s “illegal restraints” on competitio­n.

The outcome of the trial won’t be the last word from the gamemaker in its global campaign against the world’s most valuable company.

Epic, which took in more than $5 billion from Fortnite last year, also has filed complaints against Apple in the European Union, U.K. and Australia, and the gamemaker is suing Alphabet Inc.’s Google over its Google Play store.

The trial featured testimony from Apple chief executive officer Tim Cook and a handful of high-ranking Apple executives and Tim Sweeney, the founder and chief executive officer of Epic, along with several experts in antitrust law.

Epic argued at trial that Apple exercises control over the market for mobile-app distributi­on on iPads and iPhones to juice profits from commission­s on payments made for virtual goods inside apps.

Apple denied abusing its power, maintainin­g that it competes in a market for digital game transactio­ns that occur on numerous devices including video game consoles.

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