Source: Australian Ministers for Regional Development
The ACCC has been granted leave by the Federal Court to intervene in the Epic Games, Inc v Apple Inc proceedings, in relation to the relief to be ordered by the Court.
The relief hearing, which will shortly resume, relates to the Federal Court’s finding last year that Apple misused its market power, in breach of Australia’s competition laws, by restricting the use of alternative app distribution and in-app payment methods on Apple devices.
The ACCC sought the Federal Court’s leave to intervene in the proceedings in order to make written submissions limited to specific relief issues of public interest.
“The ACCC hopes to assist the Court by putting submissions that recognise the public interest in the promotion of competitive digital services markets and the broad public interest nature of the remedial orders that the Court may make,” ACCC Commissioner Luke Woodward said.
“This is a significant competition law matter, and the orders made in these proceedings could have wide-ranging implications for the distribution of mobile apps and in-app payments in Australia.”
The ACCC has been closely monitoring these private proceedings since they commenced in November 2020 and has had some limited, prior involvement. The relief hearing resumes on 28 April 2026.
Background
Epic Games is a multi-billion dollar video game and software company that created and operates the popular video game Fortnite. In August 2020, Fortnite was removed from Apple and Google’s respective app stores for introducing its own payment system which bypassed Apple and Google’s approximately 30 per cent commission fees on in-app purchases. Epic commenced court proceedings in relation to this conduct.
In August 2025, the Federal Court found Apple and Google had misused their respective market power, in breach of Australia’s competition laws, by restricting the use of alternative app distribution methods and in-app payment methods on Apple and Android mobile devices respectively.
In March 2026, the Court ordered by consent that Epic’s proceeding against Google be dismissed. Epic and Google have entered into a settlement agreement which applies globally, including in Australia.
Under the Competition and Consumer Act 2010, private parties can bring court cases irrespective of ACCC action.
The ACCC typically only considers seeking leave to intervene in private proceedings in certain limited circumstances, one of which is in cases involving issues of significant public interest. In doing so, it will generally seek to provide the Court with a broader perspective than that of private litigants. Leave is granted at the Court’s discretion.
In 2021, the ACCC was granted leave to appear as amicus curiae (a “friend of the Court”) in Epic Games’ appeal of the Federal Court’s decision to grant Apple a temporary stay of proceedings. The ACCC supported the principle that important Australian competition law cases should be heard and determined in Australian courts.
The ACCC conducted the wide-ranging Digital Platform Services Inquiry from 2020 to 2025.
Throughout the course of the inquiry, the ACCC observed conduct by the most powerful digital platforms that is distorting the competitive process. This conduct includes denying interoperability, self-preferencing and tying, exclusivity agreements, impeding switching, and withholding access to important hardware, software, and data inputs.
The ACCC recommended that targeted regulation of digital platform services is needed to increase competition, innovation and productivity, and to protect consumers in digital markets.
The Government has committed to introduce a new digital competition regime, and the ACCC continues to work with the Treasury on its development.