According to court records filed on Friday, representatives from the U.S. Department of Justice have asked to participate in oral arguments scheduled for next month in “Fortnite” creator Epic Games’ appeal of a court decision against Apple Inc (AAPL.O).
In 2020, Epic filed a lawsuit against Apple, alleging that the iPhone manufacturer’s App Store policies—which mandate that developers provide Apple commissions of up to 30% of in-app purchases—violated antitrust laws. Apple largely prevailed, allowing its commissions to remain in place. Antitrust experts had warned at the time of the trial that if Epic lost, it could be impossible for the Justice Department, which has been looking at Apple since 2019, to file an antitrust complaint.
The U.S. Ninth Circuit Court of Appeals will hear oral arguments on October 21. Apple and Epic will each have 20 minutes to present their respective claims.
The Justice Department entered the case by submitting a brief in January. The country’s main antitrust law, the Sherman Act, was erroneously construed by the lower court, according to antitrust officials, who claimed they did not back either side in the current issues. U.S. officials requested 10 minutes of discussion time on Friday.
“The United States believes that its participation at oral argument would be helpful to the court, especially in explaining how the errors (in antitrust law interpretation) could significantly harm antitrust enforcement beyond the specific context of this case,” the Justice Department wrote in the filing.
Apple wants the regulators’ debate time to be taken out of Epic’s time or given more time, but neither Epic nor Apple opposed the action.
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