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ACCC Weighs In On Epic/Apple Stoush

The ACCC is moving to intervene in the Epic Games v Apple case in Australia as Epic appeals a stay to the Full Federal Court.

Epic’s case against Apple over its App Store policies was stayed by Justice Nye Perram last month, in response to a petition by Apple on the grounds that the commercial agreement between the two companies requires all disputes to be resolved in the US Northern District of California.

Perram granted the stay, though noted his discomfort that Epic’s Australian Consumer Law claims would be determined in a foreign court.

Epic has appealed the stay to the Full Federal Court, and the consumer watchdog is now seeking leave to appear as a non-party or amicus curiae (“friend of the Court”) to make a submission regarding public policy favouring disputes over Australian competition laws being determined in Australian courts.

Rod Sims, ACCC.

According to Rod Sims, chair of the ACCC, as the statutory body responsible for administering Australian competition law, it can be of assistance in the case.

“This is a case filed in an Australian Court involving Australian consumers and raising significant issues under Australia’s competition laws.

“We believe it is in the public interest for significant competition law cases such as this case to be determined by Australian courts, given the outcome of such cases can have significant implications for the broader Australian economy,” he said.

The ACCC is only looking to appear in the matter of the stay, as opposed to the proceedings itself; if leave is granted, it will make submissions on limited issues without becoming a party to the proceedings.

The expedited appeal to the Full Federal Court is set for June 9.

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