Apple holds edge in app store trial despite nagging issues
Apple seems to be prevailing in an antitrust trial examining whether its mobile app store illegally skims profits from smaller companies. To prevail, Epic will have to persuade U.S. District Judge Yvonne Gonzalez Rogers that Apple’s app store has become a monopoly that has enabled the Cupertino, California, company to engage in price gouging. After Schmalensee likened Apple’s in-app commissions to a credit card terminal that charges a fee for being part of its store, Gonzalez Rogers questioned why an app couldn’t display different payment options, similar to the way stores can show a sign at checkout stands displaying the different credit cards and other forms of payment they accept. Hovenkamp interpreted Gonzalez Rogers’ questions about Apple’s anti-steering requirements as “an invitation to settlement” of the case before she issues her decision at some point after the trial ends late this month. Even if Gonzalez Rogers sides with Apple and upholds the status quo, Epic could still win if the issues aired out in the trial raise consumers' awareness about the different options available to them, said Daniel Lyons, a Boston College law professor following the case.
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