Epic Games, Inc v Apple Inc (Case Management) [2022] FCA 341

Epic Games, Inc v Apple Inc (Case Management) [2022] FCA 341

Due to significant overlapping issues and unresolved procedural complexities between the two matters, the appropriate course is to list both cases for trial together commencing 4 March 2024 for 18 weeks but defer resolution of how they will be conducted (jointly, sequentially, or otherwise) until more is known.

Jurisdiction
Australia
Judgment Date
04 April 2022
Procedural Posture
Case Management (practice and Procedure) / Interlocutory/procedural—listing for Trial
Outcome
Apple trial date vacated; both Apple and Google matters listed for trial for 18 weeks commencing 4 March 2024; manner of hearing (joint/sequential/other) to be determined later.
Legal Topics
['trial Listing' 'case Management' 'market Definition' 'consolidation' 'unconscionable Conduct']
['competition' 'consumer Law' 'commercial Law' 'practice and Procedure'] ['trial Listing' 'case Management' 'market Definition' 'consolidation' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Case Management (practice and Procedure) / Interlocutory/procedural—listing for Trial

Legal Issues

  1. 1 ['Whether Epic v Apple and Epic v Google should be consolidated, heard together, or sequentially given overlapping issues' 'Whether to vacate the existing Apple trial date' 'When to list both matters for trial']

Ratio Decidendi

Due to significant overlapping issues and unresolved procedural complexities between the two matters, the appropriate course is to list both cases for trial together commencing 4 March 2024 for 18 weeks but defer resolution of how they will be conducted (jointly, sequentially, or otherwise) until more is known.

Court Disposition

Apple trial date vacated; both Apple and Google matters listed for trial for 18 weeks commencing 4 March 2024; manner of hearing (joint/sequential/other) to be determined later.

Orders

  • ['Order 10 of the orders dated 20 August 2021 (Apple case), setting the matter down for trial in November 2022, be vacated.' 'Apple matter (NSD 1236 of 2020) be listed for trial in some fashion during the period of 18 weeks commencing on 4 March 2024.' 'Google matter (NSD 190 of 2021) be listed for trial in some...