ACCC seeks leave to appear in Epic v Apple appeal

The ACCC has sought leave to appear as ‘amicus curiae’ or as non-party in Epic’s appeal to the Full Federal Court against the Court’s decision to stay Epic’s proceedings against Apple.

Epic has alleged Apple engaged in anti-competitive conduct in relation to the App Store. Apple sought to stay proceedings on the ground that an agreement between them required disputes to be determined in California. Justice Perram granted the stay in April. Epic lodged a notice of Appeal on 14 April. A hearing is scheduled for 9 June 2021.

For more information see:

• ACCC guidelines on intervening in private proceedings (PDF)

• Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338

Apple and Epic are also battling in the US. See:

• Epic Games Inc v Apple Inc (case page, US District Court, Northern District of California)

• Richi Iyengar, ‘Apple and Epic wrap up first week of their blockbuster trial. Here's what happened and what's next’ (CNN Business, 9 May 2021)

• ‘Apple and Epic Games meet in court on Monday. Here’s everything you need to know.’ (The Washington Post, 2 May 2021)

• ‘Apple takes its fight with Epic Games over the App Store to court’ (Washington Post, 4 May 2021)

• Ben Gilbert, ‘Apple and Epic Games are revealing a ton of industry secrets in court filings - from untold billions in 'Fortnite' profits to private email exchanges, these are the 5 juiciest bits’ (Business Insider (Australia), 8 May 2021)