CAT dismisses Epic claim against Apple but accepts claim against Google

 

CAT dismisses Epic claim against Apple but accepts claim against Google

Epic seeks declarations that Apple and Google breached EU and UK competition law by removing Epic's game "Fortnite" from, respectively, the Apple App Store and the Google Play Store.

In the Apple litigation, the CAT concluded that there was no UK "anchor defendant" and that the USA was the appropriate forum for this dispute.

The CAT granted permission for service out of the jurisdiction on Alphabet Inc and Google LLC in relation to part of the claims. The CAT found that there are anchor defendants (Irish companies) and that the US companies are proper and necessary parties to these claims.

Applications for permission to serve out of the jurisdiction are likely to increase following Brexit.  The CAT has recognised that loss of sales and market share, as well reputational damage are relevant damage for the purposes of the tort jurisdictional gateway.

Epic Games Inc and others v Apple Inc and Apple UK Limited and Epic Games Inc v Alphabet Inc and Google LLC and others [2021] CAT 4