The Joseph Saveri Law Firm is among a group of 30 leading antitrust and unfair competition practitioners and scholars in California that has filed an amicus curiae (friend of the court) brief in support of Epic Games, Inc.’s response brief to Apple Inc.’s cross-appeal in Epic Games, Inc. v. Apple Inc., Nos. 21-16506 and 21-16695, in the United States Court of Appeals for the Ninth Circuit.
Amici curiae have spent years developing and documenting California’s Unfair Competition Law (UCL), and key differences between California and federal competition laws, and have an abiding interest in making certain that the UCL issues in this case are decided in accordance with longstanding and well-settled principles of California law.
After a 16-day bench trial and extensive submissions of evidence, the district court ruled that Apple violated the UCL by imposing anti-steering provisions that deprive consumers of critical information about “cheaper prices, increased customer service, and [alternative] options” when making in-app purchases on iPhones. Amici curiae believe the district court’s ruling on Epic’s UCL claim comports with California Supreme Court authority, is fully supported by the record, and should be affirmed.
The brief addresses California state law governing the district court’s ruling on Epic’s UCL claim, which Apple challenges in its cross-appeal, and to which Epic filed its principal response brief (third brief on cross-appeal) on May 25, 2022.
As leading practitioners and scholars, amici curiae believe that they provide a unique perspective and additional insights on California state competition law, including as to positions taken by Apple and its amici on the UCL issue, and the key distinctions between federal and California state law relevant to the district court’s UCL ruling.