The ruling in the Epic case against the App Store came in September, giving Apple the winner of 9 of the 10 points in the race. The Cupertino company was exultant with the result, because among other things it ruled out that its App Store was a monopoly. Now, Apple has decided to appeal part of the sentence, requesting a suspension of the same until the final resolution.
With this measure, Apple could win several years before having to make the required changes in the sentence. Specific, the elimination of the prohibition of communication to users from other ways to purchase in-app content.
Measures anti-steering In the spotlight
Epic’s lawsuit against the App Store was a clear victory for Apple. Own Epic Games announced their appeal almost immediately, while we have had to wait almost a month until Apple has done the same. One of the points that has caused the most friction in the trial are the measures anti-steering from the App Store, where Judge Yvonne Gonzalez Rogers proposed its elimination as a solution to the conflict.
In the absence of agreement between both parties on this point, the judge imposed this measure in his sentence. With her, Apple has 90 days to change its App Store rules and allow the communication of external payment methods to the App Store. It is very similar to the agreement that Apple reached with the FTC of Japan at the beginning of last month.
That deal will have an effect on App Store rules globally. Although it is reduced to reading-type apps, which can be linked to their own website so that users can register or manage their account. Until now, that communication was not possible.
The translation of this agreement into specific rules on the App Store is yet to be revealed. If confirmed that the developer you can only redirect the user to your own website, third party payment services like Paddle may not be allowed in their current form.
A suspension that could take years starting from the sentence
Next November, a judge must decide whether to grant the suspension of the application of the sentence until the resolution of the appeal. Apple has until December 9 to make the changes. And everything indicates that they are going to exhaust the deadlines to the maximum, at the same time that they seek to delay the changes. According to the company:
The requested suspension will allow Apple to protect consumers and safeguard its platform while the company works on the complex and changing legal, technological and economic problems that the modification of its Rules would entail. [de la App Store].
In other words, in Cupertino they consider that the 90 days granted by the sentence are not enough. More when the company is moving several saucers at the same time and in different geographies. If a suspension of the sentence is confirmed, the delay could take years until exhaustion of procedures.