Amicus Brief in the Matter of Epic Games v. Apple

ITIF filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in the matter of Epic Games, Inc. v. Apple Inc. on appeal from the United States District Court for the Northern District of California.

ITIF has studied the mobile ecosystems at the heart of this appeal and has concluded that the arguments pressed by Epic in the name of fostering competition and consumer choice would have precisely the opposite effect—by forcing Apple to abandon its closed mobile ecosystem, thereby eliminating an important competitive alternative to open mobile ecosystems.

In the matter at hand, ITIF argued that accepting Epic’s position and preventing Apple from continuing to operate its closed mobile ecosystem would eliminate a signature attractive feature of Apple’s products, to the detriment of consumer welfare, competition, and innovation. ITIF’s brief elaborates by making three points:

• The app economy sparked by apple’s innovation is robust and competitive.
• “Closed” and “open” mobile ecosystems compete with each other and offer different benefits and tradeoffs to consumers.
• Forcing Apple to abandon its closed mobile ecosystem would harm consumer privacy and security.

Accepting Epic’s arguments and preventing Apple from continuing to operate its closed mobile ecosystem would eliminate a signature attractive feature of Apple’s products, to the detriment of consumer welfare, competition, and innovation.

Read the brief. (PDF)