The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple [1] (the Apple Claim) and Epic Games v Google [2] (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of Epic’s claims on Alphabet Inc. and Google LLC. The judgment provides helpful guidance for post-Brexit permission to serve out applications and confirms that “damage” occasioned by anti-competitive conduct will not be narrowly construed. Background Epic alleges an ongoing abuse of dominance by both Apple and Google in relation to the ejection of Epic’s popular and successful game Fortnite from Apple’s “App Store” and Google’s “Play Store” together with various contractual terms applied to Epic which
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The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out of the jurisdiction applications and confirms that damages occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
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