Apple seeks dismissal of Australia Epic Games suit over jurisdiction

Lawyers for Apple have told a judge in Australia that Epic Games' lawsuit filed in the country should be thrown out because the Fortnite-maker agreed to settle any disputes with the company in California.

According to the Australian Associated Press:

Apple wants an Australian court to throw out a case brought by the makers of online game Fortnite because the developer promised to settle disputes in the US only.

Epic Games filed a claim in the Federal Court's NSW registry in November, accusing the $2.75-trillion tech giant of using its iPhone app monopoly to breach laws forbidding exclusive dealing, the misuse of market power and unconscionable conduct .

In the case's first hearing on Tuesday, Apple said the multi-billion-dollar developer had contractually promised all disputes arising from its relationship with Apple were to be raised in the Northern Californian district of the US District Court.

A lawyer for Apple further stated the court should also throw out the suit on the grounds that the same case was already being heard in the U.S.

Lawyers for Epic told the court that the case involved "great competition harm" against "millions and millions of users." Epic further argued that only one of its contracts with Apple had this California dispute clause, but Apple responded by stating that contract was the developer agreement and that all of Apple's other contracts with Epic were "effectively parasitic" on that one. The case will call at a hearing to resolve on March 23, 2021.