An Australian judge has ruled that Epic’s lawsuit against Apple in Australia will be temporarily suspended while the two parties prepare for trial in the US. Gizmodo Australia reportedApple had asked for permanent residence of the case in Australia, arguing that the cases in the US and Australia were very similar and that the case should be settled in the original jurisdiction of the United States.
The two companies are fighting over Epic’s Battle Royale game Fortnite, and the fees charged by Apple In August, Epic set up its own in-game payment system, effectively bypassing Apple’s App Store payments and avoiding the 30 percent surcharge that Apple charges on App Store purchases. Apple then removed it Fortnite from the iOS App Store for breaking the rules. Epic fired back with antitrust lawsuit to establish Apple’s App Store as a monopoly and tried to rally Fortnite fans with a protest video mocking Apple’s iconic ‘1984’ ad.
In November, Epic filed a similar legal claim against Apple in Australia, who said the iPhone maker’s conduct was “unscrupulous and in violation of Australian consumer law and various sections of the Competition and Consumer Act [of] 2010. “Epic has also made similar claims against Google and its mobile app store.
Australian judge Nye Perram ordered the case to be temporarily held in that country for three months on Friday. He also said the proceedings in Australia will be suspended if Epic continues to pursue his case in the US, but can return the case to Australian courts depending on the outcome in the US.
On Thursday, Apple and Epic filed proposed findings of factual documents for the US lawsuit, which will open in California on May 3.
Neither Epic nor Apple immediately responded to requests for comment from The edge on Saturday.