Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338

Federal Court of Australia

Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338 File number: NSD 1236 of 2020

Judgment of: PERRAM J

Date of judgment: 9 April 2021

Catchwords: PRIVATE INTERNATIONAL LAW – application for permanent stay of proceedings alleging contraventions of Competition and Consumer Act 2010 (Cth) ('CCA') Pt IV, Australian Consumer Law ('ACL') s 21 – where exclusive jurisdiction clause requires litigation relating to app developer agreement to occur in Northern District of California – where First Applicant has commenced proceedings against First Respondent in Northern District of California alleging contraventions of United States and Californian competition law – whether Australian proceedings 'relate to' agreement PRIVATE INTERNATIONAL LAW – discretionary non-exercise of jurisdiction – whether 'strong reasons' adduced against grant of stay, considering Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418 – whether CCA Pt IV, ACL s 21 mandatory laws of the forum – where parties agree courts in Northern District of California have jurisdiction to hear claims under CCA and ACL – whether court in Northern District of California would decline to exercise jurisdiction on discretionary grounds – whether Akai places onus on party arguing for stay to prove case will be heard by foreign court COMPETITION – where allegation that CCA Pt IV is contravened by requirements that app developers only distribute apps through Respondents' app store and purchases of in-app content use only Respondent's payment processing system – whether CCA Pt IV cases should be determined by foreign courts CONSUMER LAW – where exclusive jurisdiction clause in standard form contract between First Respondent and app developers – whether clause contravenes ACL s 21