Reply to post: Re: Anti-Trust

Apple to Epic: Sue me? No, sue you, pal!

pmb00cs

Re: Anti-Trust

It's an argument, and one that Apple themselves have made, that the market is "smartphones". However epic don't make smartphones, they make apps. So the market is "apps for $thing". Now Apple will certainly argue that $thing is "smartphones" and therefore the market is "apps for smartphones". But this argument, as strong as it may be, ignores a couple of important points.

First: The apps for Android and iOS are mutually incompatible. There are frameworks and languages that allow you to write once and compile for either, but that compilation step results in different apps for each OS. This may constrain the market, it may not, I don't know.

Second: Few users move between iOS and Android, sure some do, but as both are closed ecosystems users invest in one or the other and switching becomes a significant investment, in time effort, and money. Again this may constrain the market or it may not.

Now if I were fighting an antitrust case against a highly litigious company with very deep pockets I'd want to get some very good legal advice first. As these points haven't yet, to my knowledge, been tested in US courts I reckon it could go either way. But epic are presumably confident enough in their case to not only sue Apple, but to goad Apple into triggering that case by flagrantly breaching their contract. I suspect Apple will want to settle before the market is clearly defined by the courts.

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