![]() Fortnite banana can appear in court naked says judge in Epic vs Apple legal footnote.Hovering in the background are Epic's cases against Apple and Google in other jurisdictions – especially matters expected to reach US courts in 2023. In other words, let us wait and see," Justice Perram wrote. "The best approach is to manage the two cases in tandem towards a trial and, once more is known, to square up to the many procedural problems at that time. Lawyers representing Google and Apple are happy for the nature of the hearing to remain undecided for now. One of the cases will reallocated to another judge and heard separately with, or without, a right of participation in the other case.The two cases will be heard sequentially but by some mechanism any common issues will be tried together or.The two cases will be heard sequentially with the parties in each case permitted to participate in the other to the extent of any common issues.The two cases will be heard sequentially, with the parties in each case not being permitted to participate in the other.The two cases will be heard together but they will maintain their separate identities.The two cases will be consolidated into one case and heard together with evidence in one being evidence in the other.Perram therefore pondered that one case could resolve issues raised in the other.īecause of the significant potential for such collisions, Perram can't yet decide how the cases should best be heard. Perram felt that assessment was optimistic, so has scheduled 18 weeks commencing in March 2024 to hear both cases.īut the judge is also worried that the cases will be very difficult to manage, because both address essentially the same issue: whether Apple's App Store and Google's Play Store lessen competition, as Epic alleges they did by excluding Epic's game Fortnite after it bypassed their payment schemes. Epic and Google, meanwhile, had told the court they would not be ready to front until late 2023 or early 2024. Unlike most competition cases, a large quantity of data about actual consumer behaviour will be availableĮpic and Apple had already told the court they would not be ready by November, which led Justice Nye Perram to push the hearing into 2023. ![]() Proceedings in the legal dispute between Epic Games and Apple have bogged down in Australia, and won't reach a courtroom until 2024.Ī Monday ruling of the nation's Federal Court decided that, as Google and Epic are also fighting over essentially the same issues, it makes no sense for Epic and Apple to air their grievances separately, as was planned for November 2022. ![]()
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