Apple countersues Epic Games on allegations of breaching App Store contract

The iPhone maker has hit back with its own counter lawsuit.
Written by Campbell Kwan, Contributor

Apple has countersued Epic Games, accusing the game developer of attempting to pay nothing for the value it derives from being in the App Store.

In the counter complaint, Apple has alleged Epic of committing commission theft by deliberately implementing its own in-app payment system. By making an in-app payment system that circumvents the App Store's 30% commission structure, Apple said Epic breached its contractual obligations for using the App Store.

"Epic's demands for special treatment and cries of 'retaliation' cannot be reconciled with its flagrant breach of contract and its own business practices, as it rakes in billions by taking commissions on game developers' sales and charging consumers up to $99.99 for bundles of 'V-Bucks'," Apple said.

Cupertino also accused Epic of charging others for access to Apple's intellectual property and technologies through the in-app payment system, as well as preparing a "smear campaign" against the company. 

Due to this, the iPhone maker is seeking damages for any potential injury, goodwill, and product image, and commission earnings it has lost from Epic Games actions.

See also: Apple mercilessly mocked by Epic where it hurts

The originating lawsuit, filed by Epic last month, accused Apple and Google of being anti-competitive and monopolistic. The accusations arose after both tech giants removed Fortnite from their respective app marketplaces. 

"Apple has become what it once railed against: The behemoth seeking to control markets, block competition, and stifle innovation. Apple is bigger, more powerful, more entrenched, and more pernicious than the monopolists of yesteryear. At a market cap of nearly $2 trillion, Apple's size and reach far exceeds that of any technology monopolist in history," Epic said in the originating claim. 

Since the lawsuit commenced last month, Epic filed an injunction last Friday seeking to put Fortnite back into the App Store. Meanwhile, Apple has terminated Epic's app developer account.

"All Epic seeks is for the court to stop Apple from retaliating against Epic for daring to challenge Apple's misconduct," Epic said in the injunction.

The next hearing is set for September 28.

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