By Stephen Nellis
(Reuters) – “Fortnite” creator Epic Games opposed efforts by Apple Inc on Friday to put antitrust orders on hold amid a potentially lengthy appeal process unfolding.
U.S. District Judge Yvonne Gonzalez Rogers lifted some of the iPhone maker’s App Store rules in September, including a ban on developers referring their users to other payment options besides Apple’s in-app payment system, in a partial profit for Epic and others App maker.
Apple has until December 9 to comply with the restraining order, but earlier this month the company announced it would appeal the ruling and asked Gonzalez Rogers to suspend her appointment as the appeal process could take more than a year , evolves.
Epic argued in a lawsuit on Friday that Apple failed to meet the legal standard for this hiatus, requiring Apple to show it will be irreparably harmed by even temporarily complying with the order if the injunction is later in the Appeal procedure is canceled.
Epic said Apple’s positive comments on the ruling shortly after it landed and its delay in requesting a break indicated that the order’s enactments would not harm it.
“The public interest speaks in favor of a rejection (Apple’s motion); an injunction is the only way to get an effective remedy, ”wrote Epic. “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 motion is scheduled for November 9th.
(Reporting by Stephen Nellis in San Francisco; editing by Himani Sarkar)
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