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Which ones? I only skimmed the case, but it looked like market power would suffice. In either case, the standard legal approach is to throw the kitchen sink of
by woofie11 6y ago
Which ones? I only skimmed the case, but it looked like market power would suffice.
In either case, the standard legal approach is to throw the kitchen sink of claims, to see which ones stick. Most claims get rejected by the courts, but if you have a few that work, it's enough.
It also helps settle. If I have a dozen $10 million dollar claims, with a 5% chance of success each, a rational opponent will throw me $6 million to go away. If the parties settle, the kitchen sink approach is not a bad one to get a better settlement.
- nodamage 6y agoThe claims of "unlawful monopoly maintenance" in particular. But you're right, I think their best chance of success is the tying claim between "iOS App Distribution" and "iOS In-App Payment Processing" which only requires market power. I don't think Epic cares to settle here though, they have more than enough money to keep this suit going for the next decade.