London Daily

Focus on the big picture.
Thursday, Oct 08, 2026

Microsoft, Justice Dept., 35 states accuse Apple of hurting competition in Epic Games fight

Microsoft, Justice Dept., 35 states accuse Apple of hurting competition in Epic Games fight

The lawsuit accuses Apple of using its app store to stifle competition and maintain a monopoly over the app market

The Justice Department, 35 state attorneys general and Microsoft are accusing Apple of hurting competition in amicus briefs filed Friday.

The briefs come in response to Fortnite creator Epic Games' ongoing legal battle with Apple over the tech giant's app store policies that began in 2020.

"Apple’s conduct has harmed and is harming mobile app developers and millions of citizens within the [states'] boundaries," the state attorney generals' brief led by Utah Attorney General Sean Reyes states. "Meanwhile, Apple continues to monopolize app-distribution and in-app payment solutions for iPhones, stifle competition, and amass supracompetitive profits within the almost trillion-dollar-a-year smartphone industry."

This illustration picture shows a person logging into Epic Games' Fortnite on their smartphone in Los Angeles on August 14, 2020.


The complaint added that "Apple must account for its conduct under a complete rule of reason analysis."

Epic Games' lawsuit against Apple began when it announced plans to implement its own in-app payment system in Fortnite last year to avoid paying Apple a commission fee of up to 30%.

In response to the move, Apple removed Fortnite from its app store and restricted access to its iOS developer account. Epic fired back with an antitrust lawsuit, accusing Apple of using its app store to stifle competition and maintain a monopoly over the app market.

iPhone 11 and iPhone 11 Pro models are displayed as customers shop at Apple's flagship 5th Avenue store on September 20, 2019 in New York City.


The briefs filed in the U.S. Court of Appeals for the Ninth Circuit back Epic Games' recent appeal against a ruling in Oakland, California, district court. The ruling found Apple's commission fees were not anti-competitive, but that the tech giant did engage in some anti-competitive behavior under California's Unfair Competition law.

The 35 attorneys general, Justice Department and Microsoft are now urging a reconsideration of its ruling as it related to the Sherman Act.

"The district court committed several legal errors that could imperil effective antitrust enforcement, especially in the digital economy," the Justice Department said in its brief. "The court read Sections 1 and 2 of the Sherman Act narrowly and wrongly, in ways that would leave many anticompetitive agreements and practices outside their protections."

Gamers play the video game 'fortnite' developed by Epic Games on a laptop from the Razer company during the 'Paris Games Week' on October 25, 2018 in Paris, France.


The Justice Department also described the district court’s opinion as "ambiguous."

Microsoft also filed a brief stating that if "Apple is allowed to step between any company with online services and users of iPhones, few areas of the vast mobile economy will be safe from Apple’s interference and eventual dominance," as The New York Post reported.

"Consumers and innovation will suffer — indeed, they already have," the company said, adding that 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."

An Apple spokesperson said in a statement to FOX Business that it is "optimistic that the ruling will be affirmed on appeal, and that Epic’s challenge will fail."

"We remain committed to ensuring the App Store is a safe and trusted marketplace for consumers and a great opportunity for developers," the spokesperson said.

Apple's stock price climbed more than 3.5% in after-hours trading following the release of its highest quarterly revenue increase in the company's history on Thursday at $123.9 billion. In early January, the tech behemoth became the first U.S. company to hit $3 trillion in market value. Microsoft was valued at around $2.5 trillion at the time.

Newsletter

Related Articles

0:00
0:00
Close
English Councils Push Government to Rethink Proposed Funding Cuts
Scottish Homebuilding Falls to Lowest Level in 11 Years
BBC Chief Matt Brittin Defends Restructuring as Staff Challenge Job Cuts
UK Finance Warns High Energy Costs and Bond Yields Are Complicating Fiscal Outlook
UK Adopts All 44 Recommendations on Regulating AI in Healthcare
Chancellor John Healey Prepares Autumn Budget as Borrowing Costs Strain Public Finances
UK Investigators See Strong Indications of Iranian Link After RAF Fairford Security Operation
Laura Trott Pledges Tighter Controls on Political Activism in UK Classrooms
Welsh Ministers Launch Long-Term Review of North Wales and Anglesey Crossings
Welsh Government Orders 18-Month Study of Road Solutions Around Newport
Reform UK MP Sarah Pochin Faces Scrutiny Over £800,000 Second Home Purchase
British Households Grow More Concerned About Fuel and Energy Prices
NHS Leaders Warn of Rising Winter Pressure on Emergency Departments
Kemi Badenoch Proposes £2.3 Billion Employer National Insurance Cut for Young Workers
Middle East Conflict Could Erase UK Fiscal Headroom, Economists Warn
Manchester City Found Guilty of Multiple Premier League Financial Rule Breaches
UK Security Services Find Strong Indications of Iranian Role in RAF Fairford Incident
Costa Coffee Returns to Operating Profit on Iced Drinks and Menu Changes
Asos Warns Customers After Unauthorized Access to Retail App and Data
Kemi Badenoch Puts Growth and Deregulation at Center of Conservative Conference
Campaigners Warn of Deepening Social Care Crisis for Disabled Adults
Study Finds Rising Early-Onset Cancer Rates Among Adults Under 50 in Britain
UK Coach Operators Warn High Diesel Prices Could Force Route Cuts
FCA Opens Independent Review Into Handling of Epstein-Linked Whistleblower Case
Argentina Vows to Block Falkland Islands Offshore Oil Development
UK Chancellor Prepares Fiscal Measures and Welfare Reforms Ahead of Autumn Budget
Sainsbury’s and Morrisons Explore Potential Multi-Billion-Pound Merger
UK Weighs Tariffs on Chinese Electric Vehicles to Align With European Union
UK Threatens Diplomatic Expulsions Over Planned Closure of East Jerusalem Consulate
UK Energy Price Cap Hits Three-Year High as Middle East Conflict Raises Costs
Seventh Arrest Made in Suspected Terror Plot at RAF Fairford
Systemic Education Collapse Sparks Mass Student Uprisings in France
Green Party Faces Backlash Over Resolution Equating Zionism With Racism
Conservatives Debate Scrapping Environmental Rules for New Homes
Cornwall Insight Warns UK Energy Bills Could Approach £2,000 This Winter
UK Coach Operators Warn of Service Cuts as Diesel Prices Exceed £2
Scottish Parliament Approves £68 Billion Budget With New Tax and Property Measures
FCA Opens Independent Review Into Handling of Epstein Whistleblower
UK Government Drops Plan to Suspend Jury Trials in England and Wales
Bank of England Holds Interest Rate at 3.75% as Markets Watch November
Two Iranian Nationals Charged Over Alleged Plot Targeting Manchester Jewish Community
UK Fiscal Headroom Halves to £11 Billion Ahead of Budget, EY Warns
US Bomber Withdrawal From RAF Fairford Prompts UK Security Review
Sarah Wakfer Appointed Chair of Northern Ireland’s Health and Care Regulator
Scotland Housing Completions Fall to 11-Year Low Amid National Shortage
UK Water Companies Face Tougher Oversight and Unannounced Regulatory Inspections
Middle East Conflict Pushes UK Fuel and Wholesale Energy Prices Higher
Andy Burnham Raises Prospect of Second Brexit Referendum in Review of UK-EU Relations
EY Warns UK Fiscal Headroom Has Halved to £11 Billion Ahead of Autumn Budget
BT Accused of Pressuring Vulnerable Customers During Digital Landline Shift
×