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by sjy 2106 days ago
> a similar anti-trust suit filed by an Apple user was thrown out without a trial on grounds that the customer was not able to sufficiently demonstrate Apple's practices harmed them

Which case is this? Epic’s complaint [1] only mentions the word “standing” once and seeks broad restraints on Apple’s “conduct” that go beyond the enforcement of one TOS clause. I can see why strategically, Epic thought it was best to build the record by breaching its contract with Apple first, but it’s not clear that this was an essential precondition to the lawsuit.

[1] https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

1 comments

Apple Inc vs Pepper. It was filed very early in iOS's life, got thrown out in 2013 after years of wrangling (by this same judge?), I didn't realize this part, but it went all the way up to SCOTUS in 2019 after getting thrown out, where they said the district court was wrong to dismiss the case, and it looks like it is actually still technically ongoing since that Supreme Court ruling, but I have no idea what the status is because I can't find reporting on it past the SCOTUS ruling. So yeah, there appears to be an open question of whether Epic could have filed suit without the theatrics.