Judge Yvonne Gonzalez Rogers – who took control of the Epic-Apple case Wednesday from another judge – dismissed a claim in 2013 that had actually claimed Apples apps monopoly expense consumers hundreds of millions of dollars in overcharges, Bloomberg notes.
The new judge in Fortnite maker Legendary Games showdown with Apple (NASDAQ: AAPL) over its App Shop charges offered Apple a huge triumph seven years earlier, in a case taking on comparable issues.
Epics popular Fortnite battle-royale video game was removed from Apples App Store and Googles (GOOG, GOOGL) Play store after it introduced its own in-app payment system, allowing it to prevent costs charged by the shops. Legendary (40% backed by Tencent (OTCPK: TCEHY)) responded by suing both business.
The older case also attacked the 30% cut Apple takes, however Judge Rogers reasoned that the cost isnt so much charged straight by Apple as handed down to consumers by developers – which consumers cant take legal action against for antitrust infractions over such passed-on charges.
That led in 2015 to a not successful effort by those complainants to ask for a brand-new judge, saying Rogers was too hostile to their position.