Australia Epic GamesSource: Epic Games

What you need to know

  • A second Apple vs Epic Games lawsuit is going to trial next year.
  • Epic sued Apple in Australia, but the case has been on hold for some time.
  • A court previously ruled that Epic couldn't sue Apple in Australia, but this was overturned in July.

The Epic Games vs Apple trial in Australia will go ahead in November of next year.

In a court ruling Friday, Justice Perram of New South Wales Federal Court ruled that Epic Games' lawsuit against Apple in the country will proceed to trial, and has been set for a hearing period of six weeks commencing November 28, 2022. Epic has until September 10 of this year to file and serve its statement of claim, and Apple has until October 22 to respond. Parties will then have to propose what evidence they'd like to use in a case, with the hope that this can be agreed by December 3.

Epic's suit in Australia has been a twisting legal saga from the start. Previously, Apple had protested against Epic's plan to sue the company in Australia because of a contractual clause in its app developer agreement that states all litigation must occur in the Northern District of California, Apple's home turf. Epic is suing Apple in Australia for all the same reasons it did in America, namely that Apple's App Store is anticompetitive.

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A judge ruled in July that the lawsuit could in fact go ahead, and now the suit has a trial date. At the time, Epic Games told iMore that it was "pleased that our case will proceed with the Federal Court and be examined in the context of Australian laws." It said the move was "a positive step forward for Australian consumers and developers who are entitled to fair access and competitive pricing across mobile app stores. We look forward to continuing our fight for increased competition in-app distribution and payment processing in Australia and around the world."

Apple told iMore at the time it respectfully disagreed with the ruling and planned to appeal. That appeal withstanding, the case could still meet further roadblocks if Apple were to successfully challenge the July setback.