On a popular online game, tech giant Apple has lost ground to avoid a case heard in Australia alleging that it misused its market power. On Thursday, the Supreme Court in Canberra rejected Apple’s special injunction to appeal against a federal court ruling barring the U.S. corporation from standing in the Epic Games court in Australian courts.
Apple has referred to its agreement with Epic Games explaining the arguments must first be submitted in California.
The Federal Court in Sydney initially granted Apple a temporary stay that required game development to take the case to the United States. But in July the full seat of that court overturned the suspension sentence.
Epic, which sponsored the Fortnite game, has argued that the decision could have a “detrimental effect” on competition in Australia by signal companies that could avoid local laws including court-appointed contract definitions.
The Federal Court unanimously upheld, stating that there were compelling reasons not to grant a delay because the implementation of the discrimination law “would offend” Australia’s public policy.
The extension includes “major public interest cases related to the operation performed in the Australian market” and an Australian company – Apple Pty Ltd – which is not a partner in defining the exclusive license.
The contestant filed an appeal in Federal Court, arguing issues related to behavior affecting Australian products and Australian consumers should be heard in Australia by Australian courts.
Australian competition and Consumer Council chairman Rod Sims said in July the issue “raises important issues for competition in the digital marketplace”.
Apple has left the Federal Court a “public forum” for a dispute between two large, successful, U.S. companies that could be decided by a Californian court.
In the first case, Epic accused Apple and its Australian subsidiary of violating Australian laws prohibiting discrimination, misuse of market power and reckless conduct.
Epic also filed a lawsuit against Google in March, claiming it increased the cost of apps and in-app content for millions of Android users in Australia.
Fortnite has been banned from the App Store and Google Play Store after a multi-billion-dollar developer allowed users to pay directly for in-app content, beyond the in-app payment plans offered by Apple and Google special committees sent.
Unlike Google, Apple prevents iOS users from downloading apps from anywhere but its app store.
Apple says its main objective is always to provide customers with a safe and reliable space to download software and to apply the rules equally to all developers.
In writing Apple’s application, the Supreme Court granted damages against it.