https://www.accc.gov.au
The ACCC has sought leave to appear at the hearing of
The ACCC seeks the Court's leave to appear as an 'amicus curiae' ('friend of the Court'), or to intervene as a non-party, to make submissions to the Full Court about the public policy in favour of disputes involving
Epic instituted proceedings in the
Apple sought a stay of these proceedings on the grounds that the commercial agreement between Apple and Epic requires all disputes between the parties to be determined in courts in the
On
Epic has appealed from that decision, and an expedited hearing before the Full Federal Court has been fixed for
"The ACCC has taken the unusual step of seeking leave to appear in this appeal because the stay application raises significant public policy issues about which, as the statutory agency responsible for administering
"This is a case filed in an Australian Court involving Australian consumers and raising significant issues under
If granted leave to appear, the ACCC would not become a party to the proceedings, but would make submissions on limited issues.
The ACCC's application for leave to appear is in respect of the appeal from the stay ordered by
Background
In
Epic separately instituted proceedings against Apple in the US in
The ACCC is seeking leave to appear as 'amicus curiae' (or 'friend of the Court') or alternatively leave to intervene as a non-party to the appeal. An amicus is a person who assists the court on particular points of law in a case, and who is not a party to the proceedings.
Further information about the ACCC guidelines on intervening in private proceedings is available on the ACCC website.
The ACCC recently released its second interim report as part of its inquiry into markets for the supply of digital platform services. It provides in-depth consideration of competition and consumer issues associated with the two key app marketplaces used in
.
(C) 2021 M2 COMMUNICATIONS, source