Apple challenges injunction against self-preferencing services

In a cross-appeal brief submitted to the Ninth Circuit Court of Appeals

San Francisco: Tech giant Apple has submitted a final filing in its ongoing legal battle with Epic Games, arguing that an injunction targeting anti-steering on the App Store should get tossed out.

In a cross-appeal brief submitted to the Ninth Circuit Court of Appeals, Apple lays out its argument as to why the anti-steering injunction was “legally improper,” reports AppleInsider.

More specifically, the iPhone maker argues that the court handed down an “unprecedented result” even though Epic did not prove harm, the report said.

“Epic failed to prove direct or indirect harm,” the brief reads.

“In the district court, Epic introduced no evidence of injury-in-fact at any point in time. The UCL judgment should be reversed for that reason alone,” it added.

Apple outlined several main arguments, including that Epic Games did not prove its legal requirement of “standing”. That’s because Epic Games is no longer an iOS developer and can’t suffer an injury from a guideline that only applies to that category.

Additionally, Apple said there was insufficient evidence to prove that its anti-steering provision actually caused harm to market competition.

The tech giant also said that the injunction improperly applies to all iOS developers. Because Epic opted out of a class action by filing its own lawsuit against Apple, the company says it is the only plaintiff to which the injunction can apply.

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