The new judge in Fortnite maker Epic Games’ showdown with Apple (NASDAQ:AAPL) over its App Store fees gave Apple a big victory seven years ago, in a case tackling similar issues.
Judge Yvonne Gonzalez Rogers – who took over the Epic-Apple case Wednesday from another judge – dismissed a lawsuit in 2013 that had claimed Apple’s apps monopoly cost consumers hundreds of millions of dollars in overcharges, Bloomberg notes.
That led last year to an unsuccessful attempt by those plaintiffs to request a new judge, saying Rogers was too hostile to their position.
Epic’s popular Fortnite battle-royale game was removed from Apple’s App Store and Google’s (GOOG, GOOGL) Play store after it introduced its own in-app payment system, allowing it to circumvent fees charged by the stores. Epic (40% backed by Tencent (OTCPK:TCEHY)) responded by suing both companies.
The older case also attacked the 30% cut Apple takes, but Judge Rogers reasoned that the cost isn’t so much charged directly by Apple as passed on to consumers by developers – and that consumers can’t sue for antitrust violations over such passed-on charges.