Image: Epic Games

Apple and Epic Games filed a joint motion on Tuesday requesting that an eventual trial be handled by the judge overseeing the case, rather than a jury.

The big picture: Though a trial is a long way off, the contours of the case are beginning to take shape. At a hearing on Monday, the federal judge hearing the matter established a rough timeline, with a trial possibly taking place in July.

Apple had initially requested a jury trial and, according to Bloomberg, the judge had suggested a jury trial might be best given that such verdicts are less likely to be overturned on appeal. However, both Apple and Epic have apparently found one thing they agree on: that they'd rather not have a jury.

Catch up quick:

  • Last month, Epic added its own in-app purchase mechanism to Fortnite, knowingly setting up a confrontation with Apple.
  • Apple removed Fortnite from the App Store and Epic immediately filed suit,, alleging its App Store rules constitute an abuse of monopoly power. Apple has countersued, alleging breach of contract and unfair competition.
  • A similar chain of events took place with Google on the Android side, with Fortnite also being removed from the Play Store and Epic filing suit against Google. In that case, though, Epic can continue to distribute Fortnite on its own, an option not available on iOS, where Apple's App Store is the only authorized method for downloading software.
  • A court denied Epic's request for a temporary restraining order to keep Fortnite in the App Store, but temporarily stopped Apple from removing Epic's developer access.

Go deeper

U.S. vs. Google — the siege begins

Illustration: Sarah Grillo/Axios

The Justice Department fired the starter pistol on what's likely to be a years-long legal siege of Big Tech by the U.S. government when it filed a major antitrust suit Tuesday against Google.

The big picture: Once a generation, it seems, federal regulators decide to take on a dominant tech company. Two decades ago, Microsoft was the target; two decades before that, IBM.

Oct 22, 2020 - Technology

Lawyers crystal-ball the Google antitrust case

Illustration: Eniola Odetunde/Axios

The Justice Department's antitrust suit against Google is a strong, straightforward monopoly case, competition lawyers and experts tell Axios. But that doesn't mean it'll be an easy journey for the government.

The big picture: Winning any antitrust case is a heavy lift. It's even more of a challenge to pull off victory in a future-looking case that seeks to make room for potential new competition to flourish.

17 mins ago - Health

Mark Meadows: "We are not going to control the pandemic"

White House Chief of Staff Mark Meadows defended Vice President Pence's decision to continue traveling and campaigning despite his exposure to aides who have tested positive for COVID-19, saying Sunday that Pence is exempt from CDC guidelines because he is "essential personnel."

Why it matters: CDC guidelines call for people who have been exposed to the virus to quarantine for 14 days. Meadows said on CNN's "State of the Union" that Pence will wear a mask when he travels and argued that "he's not just campaigning," pointing to the Israel-Sudan normalization agreement announced by the White House last week.

Get Axios AM in your inbox

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Subscription failed
Thank you for subscribing!