Analysis: In Apple versus Epic Games, courtroom battle is only half the fight

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Epic Games faces an uphill legal battle against Apple Inc (AAPL.O) in an antitrust trial starting Monday, and a defeat for the maker of 'Fortnite' could make it harder for U.S. government regulators to pursue a similar case against the iPhone maker, legal experts said.

, but apply those precedents in new ways that have not been tested in U.S. courts, legal experts said.

Spencer Waller, a competition law professor at the Loyola University Chicago School of Law, said the Kodak decision has had mixed success in subsequent cases.Epic also faces hurdles in its contention that Apple's in-app payment commissions are too high at 30% and could be as much as 10 times lower if market forces prevailed. American courts have been reluctant to dive into setting specific rates, in large part because unlike Europe, the prevailing interpretation of U.S.

"If you obtained a monopoly legitimately, you're allowed to charge high prices," said Randal Picker, a professor at the University of Chicago Law School.

 

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