An Australian judge has ruled that Epic’s lawsuit against Apple in Australia will be temporarily suspended while both parties prepare for trial in the United States, Gizmodo Australia reported. Apple had called for a permanent stay of the case in Australia, arguing that the US and Australian cases are very similar and that the case should be resolved in the original US jurisdiction.
The two companies are fighting over Epic’s battle royale game Fortnite and the fees Apple charges. In August, Epic established its own in-game payment system, effectively bypassing Apple’s App Store payments and evading the 30 percent surcharge that Apple charges on App Store purchases. Subsequently, Apple removed Fortnite from its iOS App Store for violating its rules. Epic responded with an antitrust lawsuit to label Apple’s App Store a monopoly and tried to goad Fortnite fans with a protest video poking fun at Apple’s iconic “1984” ad.
In November, Epic filed a similar lawsuit against Apple in Australia, alleging that the iPhone maker’s conduct was “unconscionable and in violation of the Australian Consumer Law and various sections of the Competition and Consumer Law. [of] 2010. ”Epic has also made similar claims against Google and its mobile app store.
Australian judge Nye Perram on Friday ordered the case in that country to be held provisionally for three months. He also said that the proceedings in Australia will remain suspended if Epic continues its case in the US, but could take the case to Australian courts depending on the outcome in the US.
Australia’s Epic Antitrust Case Against Apple Gets Three-Month Suspension