Notes and observations as Epic Games trial enters the home stretch
The longest-running competition case of the year is entering its final stages. From missing evidence and the influence of overseas law, here's what we know so far.
Fortnite developer Epic Games and a class action group of developers and consumers piggy-backing on the US gaming company's legal battle against Apple and Google have made their final arguments to Federal Court of Australia Judge Jonathan Beach that the US tech giants have breached competition law in the running of their app stores.
The cases have seen some of the most senior competition lawyers in the country including Corrs Chambers Westgarth's Mark McCowan and Allens' chair Fiona Crosbie holed up in a Melbourne courtroom for 14 weeks as Beach juggles some 200 folders of documentary evidence. Unsurprisingly, Beach is planning a six-month sabbatical once he hands down the judgment in this long-running saga.
In similar cases in the US, Epic succeeded against Google but failed against Apple on all but one issue — the iPhone maker's "anti-steering measures".
Elements of those cases have remained on foot while the Australian cases have been underway.
