Epic, Apple take App Store antitrust battle to federal appeals court

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Epic, Apple take App Store antitrust battle to federal appeals court
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“The one thing that really troubles me is this failure of proof,' Judge Milan Smith told Epic's attorney at Monday's hearing.

Longtime combatants Epic Games Inc. and Apple Inc. were back in court Monday, making their case on whether the tech giant’s app store has unlawfully enriched its $2.38 trillion status via a so-called “walled garden,” which acts as a bulwark for the store.

“The one thing that really troubles me is this failure of proof. Looking at the record, it seems have made a good case,” Judge Milan Smith told Epic attorney Tom Goldstein near the end of the 75-minute hearing late Monday. Apple’s legal defense has consistently asserted it competes vigorously with other platforms, that its App Store is competitive, and its In-App Purchase is an integrated part of Apple’s platform.

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