Fortnite creator opposes Apple’s efforts to suspend antitrust trial orders

On Friday, the creator of “Fortnite” Epic Games opposed Apple’s efforts to stay the orders made in an antitrust lawsuit as a potentially lengthy appeal process unfolds.

U.S. District Judge Yvonne Gonzalez Rogers in September rolled back some of the iPhone maker’s app store rules, including banning developers from directing their users to payment options other than the integrated payment system. Apple, in a partial victory for Epic and other app makers. Read more

Apple has until Dec. 9 to comply with the injunction, but earlier this month the company said it would appeal the decision and asked Gonzalez Rogers to stay its order as the process continues. ‘appeal, which could take more than a year, is proceeding.

Epic argued in a court filing Friday that Apple had failed to meet the legal standard for the break, forcing Apple to show it will suffer irreparable harm by even temporarily complying with the order if the injunction was subsequently quashed on appeal.

Epic said Apple’s positive comments on the decision soon after it landed, and its delay in requesting a break, showed it would not suffer any prejudice by enacting the orders.

“The public interest favors the refusal (Apple’s request); an injunction is the only route to effective relief, ”Epic wrote. “History shows … that in the absence of an injunction, Apple will not make any changes.”

Apple did not immediately respond to a request for comment.

A hearing on Apple’s claim is scheduled for November 9.

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