United States of America: Filed Epic Games petition for a writ of certiorari to Supreme Court of the United States to review the judgment of the US Court of Appeals for the Ninth Circuit against Apple

On 27 September 2023, Epic Games Inc. (Epic) filed a petition for a writ of certiorari in the Supreme Court of the United States to review the judgment of the US Court of Appeals for the Ninth Circuit of 24 April 2023 regarding the civil lawsuit against Apple Inc (Apple). Epic filed an antitrust lawsuit against Apple, citing violations of the Sherman Act, related to Apple's control over the iPhone, particularly its dominance of the App Store and payment system. The Ninth Circuit dismissed Epic's claims using the Rule of Reason framework, acknowledging that Apple's actions harm competition but referring to a pro-competitive argument concerning intellectual property compensation. Epic has presented two key reasons for requesting certiorari in this case. Firstly, the Ninth Circuit's decision conflicts with established legal precedent regarding the definition of a "less-restrictive alternative." It incorrectly suggests that an alternative is unacceptable if it incurs any additional cost, contrary to established interpretations. Secondly, the decision contradicts established principles in Rule of Reason cases. In such cases, the court must assess whether a restraint is anti-competitive when weighing its harms against its benefits. Based on this, Epic asks the Supreme Court to grant the petition for writ of certiorari.