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Epic wins cases against Apple and Google in Australia
On 12 August 2025, the Federal Court of Australia found Apple and Google engaged in a misuse of market power in breach of s 46 of the Competition and Consumer Act (CCA) by restricting the use of alternative app distribution methods and in-app payment methods on an Apple or Android mobile device since 2017.
This decision is the first contested application of the new misuse of market power provisions introduced in 2017 and grapples with the issues of ‘walled gardens’ created through a combination of technical and contractual restrictions on mobile device ecosystems. Epic alleged that Apple and Google’s conduct was unconscionable under the ACL, citing the imposition of non-negotiable agreements, lack of developer bargaining power and the enforcement of terms not reasonably necessary to protect legitimate business interests. Epic sought declarations of contravention, injunctions to remove anti-competitive restrictions, orders permitting third-party app stores and alternative payment processors and damages for losses suffered due to the alleged conduct.
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