‘Actionable' Antitrust Claims Abound in Epic’s Apple Complaint: Cowen

Thursday’s Epic Games complaint alleging Apple unlawfully monopolizes app distribution and payment processing through the App Store (see 2008130048) “makes out multiple actionable antitrust claims” against the iPhone maker, reported Cowen Research Friday. If Apple moves to dismiss the complaint, “we would not expect the judge to grant it,” it said. The case was assigned to U.S. District Judge Edward Chen in San Francisco. A trial could take up to two years to resolve, though “we’re likely to get clues where the judge is headed before then,” said Cowen. Cravath Swaine, representing Epic in the complaint, is “possibly the best antitrust law firm in the country,” it said. The firm "just guided Qualcomm to its win over the FTC" (see 2008110065), it said. Its reputation "likely ensures the judge won't subtly downgrade Epic's allegations,” said Cowen. If Democrat Joe Biden wins the presidency, “it's possible Apple might consider settling rather than risk a Biden DOJ joining Epic's lawsuit and giving it additional credibility and momentum.” Apple didn’t comment Monday.