Fortnite v Apple antitrust issues: different in US and EU (also, can't really generalise here). US test: have consumers been harmed? EU test: is a business using its market position to benefit itself/distort market?
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US approach often said to be antiquated in dealing with internet age. Not for EU tho. But maybe issues under both approaches for Apple here. If removed Fortnite, deprives consumers of discounts available elsewhere and pressures Epic to accept Apple's cut.
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Timing also relevant. Apple has effectively dodged these issues for a while now, back to ebook investigation days. Google not so much, nor a few others. Now eye definitely on Apple and suddenly this happens.
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This isn't the same as the "30% is too much" argument, though no doubt there's links to it. Maybe an investigation applies pressure and gets that reduced either through sanctions or a deal.
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But be careful what you wish for, big games/software/tech companies, when asking the big regulators to get involved in big moving parts of how the industries work. The big worry is that 'break up Big Tech' activism (whatever that means) actually gains real traction.
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Jas Purewal Retweeted Fortnite
Good grief. Epic have just commenced a California lawsuit against Apple citing and screenshotting developments from today in it. This is the wildest, most set up lawsuit I've ever seen.https://twitter.com/fortnitegame/status/1293994211621167105?s=21 …
Jas Purewal added,
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So, obviously, Epic had the whole thing planned weeks if not longer, all good to go subject just to today's developments. [Imagine being the paralegal assigned the job of pasting the screenshot and then pressing send.]
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Eyes on Microsoft next
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A couple of thoughts overnight on Epic v Apple. Epic succeeded in starting a big debate. It's deployed its skilled advocacy, wait for Apple's now. Even then, early days. "Monopoly", "competition" have specific legal meanings around world. Don't expect a single legal outcome.
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Replying to @gamerlaw
As a layperson it seems odd that Epic can effectively goad Apple into taking a specific action and then suing them for doing so (or at least a judge would look unkindly on that). Or is that more common that I would think?
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This is actually super common! Lawyers will sometimes scour the land, seeking the "perfect" plaintiff to win a case in a way that changes interpretation or application of the law. Other times, companies will take specific action to bait a suit out for the same reasons.
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