Does the Australian Apple App Store Ruling Apply in the USA?

An Australian judgment about a global company is not necessarily a global operational order.

The Apple judgment expressly distinguishes its declaration from the geographic limits imposed on the principal injunctions.¹

Covered users and developers differ

For the principal distribution and payment orders, the user definition turns on an Australian Apple Account.

Developers can be based anywhere if they meet the orders’ developer definition. This allows an overseas developer to use the Australian arrangements without making every overseas customer a covered user.

American users are different

A US-region account does not become covered simply because an American company develops the app.

Equally, nationality alone is not the relevant account test.

Do not assume that changing account settings is a guaranteed workaround. Account migration, service availability and platform conditions require separate checking.

The declaration is not the injunction

The Court did not confine the declaration in the same way as the operational injunctions.

That distinction does not create a worldwide right to install apps under the Australian orders. The judge declined the worldwide operational relief Epic sought.¹

See also

• Full explanation of the Apple decision
• What the orders require
• What an FCA judgment means

This page provides general legal information only. It does not constitute legal advice, and specific advice should be obtained about any particular account, service or market.