Microsoft says that if Apple isn't stopped now, its antitrust behavior will just get worse...
Microsoft has filed an amicus brief supporting Epic Games in its appeal against Apple, and argues that, "the potential antitrust issues stretch far beyond gaming."
Credit: Epic Games
As Epic Games continues to file its appeal against the 2021 ruling that chiefly favored Apple, interested parties have been contributing supporting filings to the court. Notably, those have included US attorneys general, but now Microsoft has also joined in on the side of Epic Games.
Microsoft's amicus filing included below, sets out what it describes as its own "unique - and balanced - perspective to the legal, economic, and technological issues this case implicates." As a firm which, like Apple, sells both hardware and software, Microsoft says it "has an interest" in supporting antitrust law.
Describing what it calls Apple's "extraordinary gatekeeper power," Microsoft joins Epic Games in criticizing alleged errors in the original trial judge's conclusions.
"Online commerce and interpersonal connection funnels significantly, and sometimes predominantly, through iOS devices," says Microsoft. "Few companies, perhaps none since AT&T... at the height of its telephone monopoly, have controlled the pipe through which such an enormous range of economic activity flows."
To support its claim that the Epic Games vs Apple ruling has "potential antitrust issues [that] stretch far beyond gaming," Microsoft describes what else it sees as this "enormous range of economic activity."
"Beyond app distribution and in-app payment solutions - the adjacent markets directly at issue in this case," says Microsoft's filing, "Apple offers mobile payments, music, movies and television, advertising, games, health tracking, web browsing, messaging, video chat, news, cloud storage, e-books, smart-home devices, wearables, and more besides."
Microsoft claims that if the original ruling is upheld, the result could be that it would "insulate Apple from meritorious antitrust scrutiny and embolden further harmful conduct." The company further concludes that this would mean "innovation will suffer."
Beyond Microsoft's well-documented antitrust issues with Internet Explorer, the company also has complete control of its Xbox console ecosystem in much the same way Apple has control over iOS software distribution. It also intends to purchase game developer and publisher Activision/Blizzard, consolidating the gaming industry even further.
Apple is expected to begin its response to the appeal in March.
Read on AppleInsider
Credit: Epic Games
As Epic Games continues to file its appeal against the 2021 ruling that chiefly favored Apple, interested parties have been contributing supporting filings to the court. Notably, those have included US attorneys general, but now Microsoft has also joined in on the side of Epic Games.
Microsoft's amicus filing included below, sets out what it describes as its own "unique - and balanced - perspective to the legal, economic, and technological issues this case implicates." As a firm which, like Apple, sells both hardware and software, Microsoft says it "has an interest" in supporting antitrust law.
Describing what it calls Apple's "extraordinary gatekeeper power," Microsoft joins Epic Games in criticizing alleged errors in the original trial judge's conclusions.
"Online commerce and interpersonal connection funnels significantly, and sometimes predominantly, through iOS devices," says Microsoft. "Few companies, perhaps none since AT&T... at the height of its telephone monopoly, have controlled the pipe through which such an enormous range of economic activity flows."
To support its claim that the Epic Games vs Apple ruling has "potential antitrust issues [that] stretch far beyond gaming," Microsoft describes what else it sees as this "enormous range of economic activity."
"Beyond app distribution and in-app payment solutions - the adjacent markets directly at issue in this case," says Microsoft's filing, "Apple offers mobile payments, music, movies and television, advertising, games, health tracking, web browsing, messaging, video chat, news, cloud storage, e-books, smart-home devices, wearables, and more besides."
Microsoft claims that if the original ruling is upheld, the result could be that it would "insulate Apple from meritorious antitrust scrutiny and embolden further harmful conduct." The company further concludes that this would mean "innovation will suffer."
Beyond Microsoft's well-documented antitrust issues with Internet Explorer, the company also has complete control of its Xbox console ecosystem in much the same way Apple has control over iOS software distribution. It also intends to purchase game developer and publisher Activision/Blizzard, consolidating the gaming industry even further.
Apple is expected to begin its response to the appeal in March.
Microsoft Amicus Curiae in Epic vs. Apple by Mike Wuerthele on Scribd
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Comments
Microsoft is pretty pathetic, and Apple's privacy terms rankle Microsoft's nerves. Too bad Windows doesn't have the same privacy safeguards - with Windows attempting to force everything through Edge.
Microsoft runs their own closed ecosystem with XBox, so it's a lot of Microsoft calling the kettle black.
The real monopoly is in the enterprise software realm where Microsoft keeps boosting prices for their good enough software.
What really pisses off Microsoft is that they don't have access to Apple Silicon ARM processors, so Windows ARM will run faster on Apple hardware than on their OEMs - or indeed on their own surface machines.
I've not heard a single valid argument against Apple. It's all feelings based "I don't like how Apple operates and therefore we want Grandpa Joe to step in and force them to operate the way WE think they should".
And MS is right! Let’s also open up all of Microsoft’s stores to 3rd parties! I wanna be able to sell my crappy games on Xbox without giving them money!!
Microsoft has a monopoly on Windows!! Microsoft, police yourselves!
Fortnite was not originally developed for mobile hardware. It was ported to mobile hardware AFTER Fortnite became a huge hit on video game consoles and Windows PCs. Mobile is the SMALLEST section of the video game market for this particular game. Epic made a considerable amount of money on mobile, but it's dwarfed by the amount that was made elsewhere with the same game. Does that align with Epic's claim that their trade for Fornite was unreasonably restrained? Absolutely not.
The monetization system that Epic used for Fornite on mobile hardware was IDENTICAL to the system they used on video game consoles. Players downloaded the game for free and then spent $$ on Epic's virtual currency. If the virtual currency was purchased inside the app, the platform owner took a commission. If the virtual currency was purchased online or through a gift card from a retail store then the platform owner didn't take a commission. So regardless of mobile or video game console being used, 2 out of the 3 ways to buy the virtual currency didn't involve a commission. And nobody can really argue that buying something online or buying something in a physical retail store is particularly unusual for consumers. Does that align with Epic's claim that their trade for Fornite was unreasonably restrained? Nope.
For one you can install whatever you want on their devices. For another they allow third party payments for when you do use their store.
Developers already spend $99+ a year for distribution of their apps in the app store. 3rd party payments require $0 for Apple to maintain because they use zero of Apple's infrastructure outside of the phone you already paid for.
Apple doesn't need to take a cut in your entire business.