How long will it take to resolve the Epic-Apple case? Try three to five years in a withering legal war of attrition that could wend its way to the U.S. Supreme Court, some experts say.
A final verdict on Epic Games Inc.’s antitrust lawsuit against Apple Inc. could be as long as the 185-page decision issued by a federal judge last week. Try three to five years in a withering legal war of attrition that could wend its way to the U.S. Supreme Court, some experts say.
“Both sides have good issues for appeal. Epic challenging market definition and procompetitive justifications found by the Court, and Apple challenging the state law injunction and perhaps the market definition,” antitrust lawyer Paul Swanson told MarketWatch. He expects Epic’s appeal to “roll on at least another 18 months in the Ninth Circuit, and then we’ll see whether there’s a tight legal issue teed up for the Supreme Court,” he added.
At the same time, bills in the Senate and House that would rein in the powers of digital platforms like the App Store are wending their way through the legislative process. Co-sponsors cite the necessity of new antitrust laws to curb the expanding tentacles of Apple, Google, Facebook Inc. FB, -0.23%, and Amazon.com Inc. AMZN, +0.36%, and others.
A prolonged pitch between Apple and Epic is anticipated because deep-pocketed tech giants have the resources, patience, egos, and financial incentive to protect their digital turf. It’s the Silicon Valley way to argue in court until you ultimately win. Apple maintains consumers can’t sue because Apple was merely providing a marketplace for the apps, and only app developers have standing to sue for antitrust — something Epic did unsuccessfully, according to Gonzalez Rogers’ ruling.
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