State AG Bonta Files Brief on Epic Games vs. Apple Lawsuit, Argues for Fair Competition
SAN FRANCISCO (CBS SF) -- California Attorney General Rob Bonta on Thursday filed an amicus brief regarding the lawsuit filed against Apple by Epic Games, urging the Ninth Circuit to recognize the broad protections provided by the state's Unfair Competition Law.
Epic Games -- the maker of the massively popular filed Fortnite video game -- had alleged in their suit that Cupertino-based Apple was running an illegal monopoly that stifles competition.
In a 185-page decision rendered last September, U.S. District Judge Yvonne Gonzalez Rogers ordered Apple to dismantle a lucrative part of the competitive barricade guarding its closely run iPhone app store, but she rejected Epic's allegations that Apple ran a monopoly.
According to the release, the court found that Apple's anti-steering policy -- which prohibits app developers from informing consumers about other, potentially cheaper ways to pay for their apps -- violated the Unfair Competition Law. In Thursday's brief, Attorney General Bonta explained the importance antitrust enforcement and fair competition in California.
"California's Unfair Competition Law has protected countless Californians from unlawful, unfair, and fraudulent business practices," Bonta said in the release. "It is essential that the Ninth Circuit, no matter the outcome of this particular dispute, interprets the law correctly. I urge the Ninth Circuit to take a close look at California Supreme Court decisions and the history of the Unfair Competition Law, and not to hamper California's ability to effectively enforce this law on behalf of consumers."
In the brief, Attorney General Bonta argued that the Unfair Competition Law was intended to address a broad range of unfair, unlawful, or fraudulent business behavior and that it does not depend on a concurrent antitrust violation.
The brief also noted that the California Supreme Court has expressly recognized that conduct can be unfair under the Unfair Competition Law without being unlawful under any other law.
The full brief can be found online.
