Epic vs. Apple & Google: Australia Court Finds App Stores Lacked Fair Competition

In addition to ongoing litigation in Europe and the United States, the antitrust battle between Epic Games and Apple has also reached a preliminary ruling in Australia. The court determined that Apple’s App Store design lacks sufficient safeguards to prevent anti-competitive conduct, further finding that Google’s Google Play Store similarly impacts market competition.

The court stated that Apple, citing security concerns, has implemented a centralized and highly restrictive app distribution model, thereby affecting fair market competition—a conclusion that, in this preliminary ruling, favors Epic Games.

However, the court did not uphold all of Epic Games’ claims, including allegations that Apple engaged in malicious market manipulation, nor did it grant Epic’s request that Google be compelled to allow third-party app stores on Google Play.

Apple welcomed the court’s dismissal of certain Epic Games claims but objected to the finding that it had hindered fair competition. The company emphasized that it faces intense rivalry in every market, continues to innovate, and is committed to ensuring the App Store remains the safest platform while offering developers greater opportunities.

Google, for its part, expressed appreciation that the court dismissed Epic’s request, reiterating that the Android platform already supports sideloading of apps, and therefore it does not believe it impedes market competition.

Epic Games hailed the preliminary ruling as a victory for Australian developers and consumers, expressing hope that it could pave the way for games like Fortnite to return to the App Store.

Epic Games first filed suit against Apple and Google in Australia in 2020, alleging that both companies used their platform dominance to control the market, restrict access to apps, and force developers and users to rely solely on specific payment systems. Due to slow progress in similar lawsuits overseas, the Australian court had temporarily suspended proceedings, resuming the case only in 2024.

At present, the ruling is merely preliminary and not a final judgment. However, as with developments in the United States and Europe, the eventual outcome is expected to serve as a precedent for similar future cases and may influence how Apple and Google operate their app marketplace services going forward.

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