Epic Games, Inc v Apple Inc (No 2) (FCA) (remedies)

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Written By Julie Clarke

Federal Court of Australia
Justice Beach

Epic Games Inc v Apple Inc (No 2) [2026] FCA 1552
(22 October 2026)

Judgment

Catchwords

COMPETITION LAW — form of relief to give effect to trial findings on liability — digital technology — Apple iOS mobile devices — operating system software — misuse of market power — contraventions of s 46 of the Competition and Consumer Act 2010 (Cth) — form of declarations — necessary precision and utility — proposed declaration that contractual terms void or invalid — application of s 87 of the Act — mandatory and prohibitory injunctions — scope of s 80 of the Act — the public purpose and operation of s 80 — whether s 80(1) is limited to prohibiting conduct found to have infringed s 46 or like conduct — the relevant nexus required between any order sought under s 80(1) and the contravening conduct -— whether a s 80(1) order can restrain otherwise lawful conduct to address the effects of any contravening conduct — the geographic reach of s 80(1) and any territorial limitations — questions of international comity insofar as they affect any exercise of power under s 80(1) — prohibitory and mandatory injunctions made

Finding

Apple ordered (amongst other things) to allow Fortnite and other developers to offer in-app payment methods in Australia. Apple had earlier been found to have contravened Australia’s misuse of market power laws.

The reasons for judgement run to a little over 200 pages …

Primary judgment

For details on the primary judgement see my Epic Games page 2025 (also links below)

News and commentary

Notes

Following the primary liability finding the matter with Google settled.

There was a joint trial in relation to liability:

Relief judgement was also handed down in the class action cases:

Julie Clarke
Next

Anthony v Apple Inc (No 2) [2026] FCA 1553