On 12 August 2025, Justice Beach of the Federal Court of Australia delivered judgment in Epic Games, Inc v Apple Inc [2025] FCA 900.
In a lengthy decision, his Honour found that Apple had engaged in misuse of market power, in breach of section 46 of the Competition and Consumer Act 2010 (Cth) (‘CCA’), by placing restrictions on the distribution of apps and in-app payment processing services. However, his Honour did not hold that Apple had engaged in prohibited exclusive dealing, unconscionable conduct, or anti-competitive arrangements.
This judgment is of great importance to Australia digital app stores, app developers, and digital platforms, as well as consumers. This case also provides much needed instruction surrounding the application of section 46 of the CCA, which has remained largely untested following its reform in 2017.
Authors:
Tim O'Callaghan, Partner
Email: TOCallaghan@piperalderman.com.au
Travis Shueard, Special Counsel
Email: tshueard@piperalderman.com.au
Larna Jarvis, Law Clerk
Email: ljarvis@piperalderman.com.au