In the Epic Games v. Apple antitrust battle another Trillion Dollar Goliath is again weighing in on the controversy and joining with 35 states and the US Department of Justice. The original ruling is being challenged by the 35 states and US DoJ.
“The district court’s holding creates a paralyzing paradox: Once a firm acquires market power and unilaterally imposes a contract, then it is no longer subject to Section 1. Affirming this paradox would gut the Sherman Act and prevent the Amici States from enforcing antitrust violations by large firms that harm their citizens,” outlined in the filing by the attorneys general representing the 35 states. Additionally, they are claiming that the original ruling “committed several legal errors that could imperil effective antitrust enforcement, especially in the digital economy.” The DoJ added that “if upheld, [the ruling] could significantly harm competition and consumers by allowing a minor benefit to condone a major harm.”
“Apple uses its control over an essential component of modern communications technology — now the phones, rather than the phone network — to interfere with how its customers may deal with third parties in other markets,” said Microsoft in its briefing. Additionally, “Consumers and innovation will suffer — indeed, they already have. The district court’s reasoning failed to give sufficient weight to these immense competitive risks and, if broadly affirmed, could insulate Apple from meritorious antitrust scrutiny and embolden further harmful conduct.”
One thing is for sure, Epic v. Apple trial will have grave consequences for consumers one way or another either by limiting choice (freedom) in the name of a perception of safety or by unleashing choice (freedom) and being responsible for our own safety instead of Apple and other platform owners.
