Apple wants the United States District Court for the Northern District of California to mandate that Epic Games to pay $73.4 million in legal fees after Apple won the antitrust case brought against it by the Fortnite game peddler.
#Apple wants #EpicGames to reimburse $73 MILLION AND COUNTING (the dispute isn’t over yet) in litigation expenses. Apple says it’s spent $82,971,401 defending against that case, adjusts it to $81,560,362, then deducts 10% as Epic prevailed on 1 of 10 counts
$73,404,326.
Apple bases this indemnification claim on Epic’s breach of the developer agreement (DPLA) when Fortnite suddenly offered an in-app payment alternative.
Early into the litigation, Epic accepted that if it loses on its antitrust claims (as it did), it owes damages.
If Epic had prevailed on antitrust, the contract clause wouldn’t have been enforceable.
So the dispute was not about whether Epic owed damages. Still, Apple says it had those costs defending against the underlying antitrust claims on which the damages claim depended.
Apple does this as a matter of principle. They won’t leave an amount in the tens of millions on the table. And their overall treatment of Epic, such as not putting Fortnite back, is meant to discourage other app makers from challenging Apple and from breaching the DPLA.
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