US judge rejects Reuters’ request to suspend orders against Apple’s “Fortnite” competition

By Stephen Nellis

(Reuters) – A US judge on Tuesday denied an attempt to suspend orders issued by Apple Inc. (NASDAQ 🙂 after a lawsuit filed against the founder of Epic Games “Fortnite”.

The iPhone maker immediately said it would appeal the denial in a bid to avoid changes to its App Store earnings before Dec. 9 to implement court orders.

Epic went to trial earlier this year for allegedly forcing Apple to use the in-app payment system and pay commissions to the iPhone manufacturer. In September, Judge Yvonne Gonzalez Rogers (NYSE 🙂 handed down a ruling in favor of Apple.

But he expressed concern that Apple was keeping consumers in the dark about alternative payment methods and ordered Apple to remove the ban on messages for users about in-app links, buttons, and other payment methods.

Apple has appealed the court’s ruling, asking it to suspend its orders while the appeal process is underway, which could take several years.

Gonzalez Rogers said in a stern rebuke to iPhone maker that Apple’s ban on telling consumers other payment methods showed “beginner anti-monopoly behavior” including supercompetitive commission rates for its App Store.

He wrote that Apple’s in-app payment methods would be more convenient than third-party methods, and that many consumers could still choose to use them.

“It’s true: it should be their choice,” Gonzalez Rogers wrote. “Consumer information, transparency and consumer choice are in the public interest.”

Apple said Gonzalez Rogers’ denial will appeal to the U.S. Ninth Court of Appeals, which could give Apple a temporary stay before Dec. 9.

“Apple believes there will be no need for additional business changes to take effect until all appeals in this case have been resolved. We intend to request a stay with the Ninth Circuit based on these situations,” Apple said in a statement.