In an antitrust case brought by Epic Games, Inc., Apple has asked the court to dismiss a claim that its iOS is an essential facility. While Epic’s claim iOS is an essential facility is only one of ten counts alleged against Apple, a win for Apple on this issue could be impactful.
On Thursday, August 24, 2020, U.S. District Court Judge Yvonne Gonzalez Rogers issued a ruling on Epic Games, Inc.'s request for temporary restraining order against Apple Inc. The order grants Epic Games' request for a temporary restraining order against Apple from restricting, suspending, or terminating any affiliate of Epic Games from Apple's Developer Program. However, the order denies Epic Games' request for a temporary restraining order against Apple's ban of Epic Games' videogame, Fortnite, from Apple's App Store.