Epic Games, Inc v Apple Inc

beach
Written By Julie Clarke

Federal Court of Australia
[2025] FCA 900 (12 August 2025)
Justice Beach

Judgment

Catchwords

COMPETITION LAW — digital technology — Apple mobile devices — operating system software — iOS smart phones — tablets — personal computers — native apps — web apps — web browsers — Apple’s App Store — downloading apps — installing apps — app developers — access to platforms — two-sided platforms — platform operators — market definition — market power — distribution services market — market for payment services — restrictive conduct in distribution market and payments market — security and technology considerations and constraints — misuse of market power — imposition of restrictive contractual conditions — substantial lessening of competition — purpose questions — effects questions — contraventions of s 46 of the Competition and Consumer Act 2010 (Cth) — alleged contraventions of ss 45 and 47 — unconscionable conduct — alleged contravention of s 21 of the Australian Consumer Law

Finding

Apple found to have engaged in misuse of market power by restricting distribution of apps and in-app payment processing.

News and commentary

Michael Atkin and Melanie Vujkovic, ‘Tech giants Apple and Google lose landmark court case as federal judge rules they engaged in anti-competitive conduct’ (ABC News, 12 August 2025)

Brent Fisse, ‘Epic Games: digital platforms test Australian Competition Law’ (LSJ Online, 7 November 2025)

Gilbert v Tobin, ‘Epic wins cases against Apple and Google in Australia’ (13 August 2025)

Maurice Blackburn Lawyers, ‘Epic decision in landmark misuse of market power case against tech giants Apple and Google’

Tim O’Callaghan, Travis Shueard, Larna Jarvis, ‘Cutting Down Apple’s ‘Walled Garden’: An insight into Epic Games, Inc v Apple Inc’ (PiperAlderman Insight, 29 September 2025)

Notes

Part of a joint trial. All judgments:

Julie Clarke
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