> Epic's appeal is very much alive. Apple will use its market power and money to get support from all sorts of "friends of the court" as well, possibly even ridiculous astroturfing organizations. But it won't be able to counterbalance the support Epic received from 35 states, Microsoft, the EFF, and America's most cited and most authoritative antitrust law professor. It will probably be easy to see for the Ninth Circuit that those who support Epic do so because it's the right and necessary thing to do, while those who will support Apple are just going to have reasons to do Apple a favor.
Update: The U.S. federal government has now filed a brief as well:
> The United States enforces the federal antitrust laws and has a strong interest in their correct interpretation. The United States files this brief, pursuant to Federal Rule of Appellate Procedure 29(a)(2), to address errors in the district court’s analysis of the Sherman Act, which, if uncorrected, could significantly harm antitrust enforcement. The United States takes no position on the merits of the parties’ claims.
Further analysis on the government’s brief specifically: http://www.fosspatents.com/2022/01/biden-administration-back...