Apple seeks dismissal of Australia Epic Games suit over jurisdiction

Fortnite (Image credit: Epic)

What you need to know

  • Apple has called for an Australian court to toss an Epic Games lawsuit in the country.
  • Apple said that Epic had contractually agreed to settle any legal disputes in California, and that the case was already being dealt with elsewhere.

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.

Stephen Warwick
News Editor

Stephen Warwick has written about Apple for five years at iMore and previously elsewhere. He covers all of iMore's latest breaking news regarding all of Apple's products and services, both hardware and software. Stephen has interviewed industry experts in a range of fields including finance, litigation, security, and more. He also specializes in curating and reviewing audio hardware and has experience beyond journalism in sound engineering, production, and design. Before becoming a writer Stephen studied Ancient History at University and also worked at Apple for more than two years. Stephen is also a host on the iMore show, a weekly podcast recorded live that discusses the latest in breaking Apple news, as well as featuring fun trivia about all things Apple. Follow him on Twitter @stephenwarwick9