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Epic Games has filed a new memo in its case against Apple, alleging that not only did Apple mislead the court, but the judge was wrong in his interpretation of the market.

On Wednesday, the game company filed a response to the appeal and a brief response to the cross-appeal in Epic Games’ lawsuit against Apple. In its argument, Epic Games claims that the U.S. District Court “made several legal errors in dismissing Epic’s claims under the Sherman Act.”

In its original lawsuit, Epic alleged that Apple violated the Sherman Act by denying it access to the App Store, which it claims is a critical facility. The Sherman Act dictates free trade and competition in the US.

In addition, Epic Games claims that the court erred in maintaining Apple’s restrictions.

“The court found significant anti-competitive effects, but erroneously attributed justifications that did not promote competition and ignored its own factual findings establishing less restrictive alternatives,” the summary reads.

Epic is also trying to refute the argument that its demands would weaken the security of Apple iOS. It claims that Apple is touting Mac security that doesn’t have the same protections as iOS. However, during the trial, Apple made it clear that it considers the level of malware in macOS to be unacceptable.

U.S. District Court Judge Yvonne Gonzalez Rogers ruled largely in favor of Apple back in September 2021 after a lengthy litigation. It gave Apple a win on almost every count, except for banning the company from management or allowing developers to talk to customers about cheaper subscription options.

Apple has successfully secured a suspension of an injunction that would force it to allow app control. In addition, both Apple and Epic Games have filed an appeal against this decision.

In its own filing in court in March, Apple argued that Judge Gonzalez Roger’s decision should stand because Epic Games’ original lawsuit was seriously flawed and the company failed to prove wrongdoing on Apple’s part.

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