Epic Games, Inc. vs. Apple Inc. 9th Curcuit Appeal

I find it better and more accurate to listen to the appeal directly than to read what news articles write about it second hand.

Key to understanding this appeal is that there are three burden shifting steps in the rule of reason in anti-competitive law. First the plaintif proves anti-competitive effects in a market. Then the defendant can show that the anti-competitive effects also have pro-competitive effects. If successful, the plaintif must then show that the pro cometitive effects can be acheived in a way that has less anti-competitive effects. If the plaintif succeeds, the defendant loses. There is also a "fourth step" discussed here, which is controversial, and is advocated for by the Antitrust Division of the United States Department of Justice which makes a guest appearance.

Click https://youtube.com/watch?v=NGLm3kfcUkY&t=58s to skip to the begining (58 seconds in).

Background (now out of date):

https://en.wikipedia.org/wiki/Epic_Games_v._Apple

Some articles covering the appeal:

http://www.fosspatents.com/2022/11/apple-on-losing-track-aga...

https://www.reuters.com/legal/fortnite-creator-fight-apple-a...