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> At that point, Epic credibly threatened breach of contract. A threat of a breach of contract is not a breach of contract, which will be a sticking point if t

• JumpCrisscross 3y ago
  > threat of a breach of contract is not a breach of contract I don’t know EU law. But anticipatory breach is enough to trigger damages under American law, and “is an excuse for non-performance by the non-breaching party” [1]. [1] https://www.law.cornell.edu/wex/anticipatory_breach https://www.law.cornell.edu/wex/anticipatory_breach
  • izacus 3y ago
    There's nothing about some random contracts I can see in DMA. DMA however does say that the gatekeeper (Apple) isn't allow to block or retaliate against competitors. Or users for that matter.
    • JumpCrisscross 3y ago
      > nothing about some random contracts I can see in DMA There are laws other than the DMA? (Anticipatory breach is incorporated into EU law through the UN CISG [1].) [1] https://link.springer.com/chapter/10.1007/16247_2020_13 https://link.springer.com/chapter/10.1007/16247_2020_13
      • izacus 3y ago
        And how exactly does that then allow breach of DMA provisions?