Anthony v Apple Inc [2025] FCA 902

beach
Written By Julie Clarke

Federal Court of Australia
[2025] FCA 902 (12 August 2025)
Justice Beach

Judgment

Catchwords

COMPETITION LAW — representative proceeding against Apple by developers and users — representative proceeding against Google by developers and users — group members’ claims for overcharge — digital technology — Apple mobile devices — Android mobile devices — operating system software — smart phones — tablets — personal computers — native apps — web apps — web browsers — Apple’s App Store —Google’s Play Store — downloading apps — installing apps — app developers — access to platforms — two-sided platforms — platform operators — distribution services market — market for payment services — Apple and Google restrictive conduct in distribution market and payments market — imposition of restrictive contractual conditions — substantial lessening of competition — 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 — counterfactual commissions in the absence of contravening conduct — overcharge of commission by Apple — overcharge of commission by Google — consequential relief

Parties

There were two applications heard together

VID 341 of 2022

  • Applicants: David Anthony; Dark Ice Interactive Pty Limited

  • Respondents: Apple Inc; Apple Pty Ltd

VID 342 of 2022

  • Applicants: Brett McDonald; Dark Ice Interactive Pty Limited

  • Respondents: Google LLC; Google Asia Pacific Pte Ltd; Google Payment Australia Pty Ltd

Finding

Representative proceedings against Apple and Google. Misuse of market power established.

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’

Notes

Part of a joint trial. All judgments:

Julie Clarke
Previous

BlueScope Steel Limited v ACCC
Next

Epic Games, Inc v Google LLC