Apple asks court to rule iOS is not an ‘essential facility’


Illustration by Alex Castro / The Verge

After two and a half weeks in court, Apple is taking aim at one of the central elements of Epic’s antitrust case. In a filing Tuesday night, Apple asked the court to dismiss one of the 10 counts alleged in the initial complaint, arguing Epic had failed to establish any evidence for the charge that Apple had violated the essential facilities doctrine by failing to provide access to software distribution tools on iOS.

“At trial, Epic adduced no proof in support of this claim,” Apple’s filing reads. “On the contrary, Epic’s principal expert expressly disclaimed any opinion on essential facility, and (in response to a direct question from the Court) rejected the notion that iOS should be treated as a public utility. The Court should enter…

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