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ACCC Intervenes in Epic v Apple Case to Address Market Power Misuse

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The Australian Competition and Consumer Commission (ACCC) has been granted permission to intervene in the Epic Games v Apple case, focusing on the relief to be ordered by the Court regarding Apple's misuse of market power.

20.04.2026 | Australian competition authority


The Australian Competition and Consumer Commission (ACCC) has received leave from the Federal Court to intervene in the ongoing Epic Games, Inc v Apple Inc proceedings. This intervention is specifically related to the relief that the Court will order, following its previous finding that Apple misused its market power by restricting alternative app distribution and in-app payment methods on its devices.

ACCC Commissioner Luke Woodward stated that the Commission aims to assist the Court by providing submissions that highlight the public interest in fostering competitive digital services markets. The implications of the Court's orders could significantly affect the distribution of mobile apps and in-app payments across Australia.

The ACCC has been monitoring these private proceedings since they began in November 2020 and has had limited involvement prior to this. The relief hearing is set to resume on April 28, 2026.

Epic Games, known for its popular game Fortnite, initiated this legal action after its app was removed from Apple and Google’s app stores for implementing its own payment system, which circumvented the companies' commission fees. In August 2025, the Federal Court ruled that both Apple and Google had misused their market power in violation of Australian competition laws.

In March 2026, a consent order led to the dismissal of Epic's case against Google, following a global settlement agreement. The ACCC typically intervenes in private proceedings only in cases of significant public interest, aiming to provide a broader perspective to the Court.

Previously, in 2021, the ACCC was granted leave to appear as amicus curiae in Epic's appeal regarding a temporary stay of proceedings granted to Apple. The ACCC has also conducted a comprehensive Digital Platform Services Inquiry, which revealed practices by major digital platforms that distort competition.

The ACCC has recommended targeted regulations for digital platform services to enhance competition and protect consumers, and the Government is working on a new digital competition regime in collaboration with the Treasury.

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