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Epic Games “did not win its preliminary injunction in its antitrust action against Apple, which would have forced Apple to allow Fortnite back onto the iPhone, iPad, and Mac,” reports BGR, calling it “the decision we warned you about a few weeks ago.”
Gonzalez Rogers hinted during the injunction relief hearing a few weeks ago that she wasn’t inclined to side with Epic when it comes to Fortnite. She pointed out at the time that Epic lied in its business relationship with Apple.
“You did something, you lied about it by omission, by not being forthcoming. That’s the security issue. That’s the security issue!” Gonzalez Rogers told Epic. “There are a lot of people in the public who consider you guys heroes for what you guys did, but it’s still not honest….”
Epic engineered a huge PR stunt to turn gamers against Apple over the expected Fortnite ban and then sued Apple for anti-competitive practices at the same time. Even if the antitrust case might have merit on its own, this doesn’t change the fact that Epic breached its contract…
The judge clarified that Epic has breached a contract unilaterally and cannot claim that it did it because of monopoly concerns. Judge Rogers also said that Epic’s failure to show it’s willing to work with Apple and the court to have the game reinstated proves that Epic isn’t necessarily concerned with the well-being of iOS users.
“Epic Games cannot simply exclaim ‘monopoly’ to rewrite agreements giving itself unilateral benefit…”
Epic did receive some good news in the ruling. “Epic Games is grateful that Apple will continue to be barred from retaliating against Unreal Engine and our game development customers,” the company said in a statement which was quoted by Thurrott.com. “We will continue developing for Apple’s platforms and pursue all avenues to end Apple’s anti-competitive behavior.”
And the same site also quotes Apple’s own statement on the ruling. “We are grateful that the Court recognized that Epic’s actions were not in the best interests of its own customers and that any problems they may have encountered were of their own making when they breached their agreement.”
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