David Kesselman, founding partner with Kesselman Brantly Stockinger LLP, was recently quoted in a Law360 article, “5 Takeaways from Friday’s Epic, Apple Ruling. ”The article looks at the key takeaways from the highly anticipated ruling in the antitrust courtroom battle between Epic Games and Apple. The ruling was not a definitive win for either party, however, it does have implications for Apple’s App Store moving forward. While Judge Gonzalez Rogers did reject each of Epic’s antitrust claims; the Judge held that Apple’s anti-steering rules violate California’s unfair competition law. Based on that violation of California law, the Judge issued a nationwide injunction barring Apple from prohibiting app developers from including external links directing customers to alternative payment methods.
David Kesselman commented to Law360 that he was unaware of any other court in a similar case finding no express antitrust violation but still imposing an injunction based on California’s unfair competition law.
“We’ve all known it’s a theoretical possibility” under the [California Supreme Court’s] Cel-Tech decision, Kesselman said. But now it appears to be a reality the Ninth Circuit will have to deal with under a widely anticipated appeal.
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