Judge Recommends Apple Vs Epic Goes To A Jury, Trial Set For July 2021

Epic and Apple are still holding legal knives to each other’s throats in their ongoing anti-trust lawsuit. Each side is firing every weapon at their disposal, with Apple removing Fortnite from anything that has to do with their platforms, while Epic continues a media blitz painting Apple as the big bad monopolist.

Last August, Epic was dealt a setback when the case was assigned to US District Judge Yvonne Gonzalez Rogers, who ruled in Apple’s favor in a similar case where Apple was accused of breaking antitrust laws. Now, that same judge is recommending that Apple and Epic have a jury decide on each side’s merits rather than a judge.

“They are important cases on the frontier of antitrust law,” said Judge Rogers, referring to both Epic’s antitrust case and Apple’s countersuit. “It is important enough to understand what real people think.”

At the end of the two-hour hearing on Monday, Rogers suggested the case be decided on by a jury in order to have the public weigh-in. Oddly, Epic reportedly pushed back against the notion of a jury trial in favor of a bench trial. The move seems odd considering how much Epic has spent on advertisements attempting to buy the hearts and minds of gamers everywhere.

Legal teams for both sides will decide on whether to hold a jury or bench trial today, with the deadline for the court filing set for January 6, 2021. The trial itself is tentatively set for a July 2021 start date.

Epic seems to have an uphill battle if they do opt for a bench trial. According to Apple Insider, Judge Rogers repeatedly took Epic to task for initiating the lawsuit and suggested that Fortnite could be back on Apple if they merely agreed to play by Apple’s rules. She also seemed to exhibit some confusion regarding game platforms and was unable to see the similarity between a game console and a mobile device.

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