Epic Games wins appeal against Apple

Epic Games has won an appeal to have its case against Apple over anti-competitive behaviour heard in an Australian Court.

The Federal Court of Australia delivered its decision on Friday, finding in favour of the Fortnite creator.

Apple had requested the court dismiss the case as it is already being argued in the US, however Epic’s case will now be heard separately from the US proceedings.

Epic first sued Apple late last year, citing the tech giant's control over the App Store, which it said breached Australian Consumer Law and the Competition and Consumer Act.

The games developer alleges Apple forces developers into only distributing products within the Apple Store and only using Apple’s payment system.

Last August Epic updated its iOS version of the popular game Fortnite to bypass Apple’s 30 percent cut on in-app payments.

Apple accused Epic of breaking its in-app payment policies and promptly removed the game from its App Store.

Epic followed by suing Apple in the US, stating “Apple has become what it once railed against: the behemoth seeking to control markets, block competition, and stifle innovation.”

Epic said today's decision was “a positive step forward for Australian consumers and developers who are entitled to fair access and competitive pricing across mobile app stores.”

“Epic Games is pleased that our case will proceed with the Federal Court and be examined in the context of Australian laws,” an Epic Games spokesperson said.

“We look forward to continuing our fight for increased competition in app distribution and payment processing in Australia and around the world.”

Epic Games is also suing Google in the Federal Court of Australia over claims Google are practicing anti-competitive behaviours around the way apps are sold via the Play Store.

Epic Games branded Google’s 30 percent commission to use its payment services a "supra-competitive price".