M&A and investment in the game sector Competition law in the game sector concerns that this stricter approach restrictions on ‘sideloading’ of apps to merger review – despite outside their app stores amount to being aimed at fostering greater an abuse of that dominant position. competition and innovation – may At the highest level, these cases actually stifle start-up culture if M&A are an attempt by Epic to leverage exits by fast-growth technology the force of competition law to companies, especially to Big Tech, compel changes in the behaviour become more challenging. While that of Apple and Google and the remains to be seen, companies and terms and conditions of their their advisers do need to engage respective platforms. regulators early and effectively to navigate these challenges. As the mobile app stores are large profit generators for Apple and Private lawsuits and class actions Google and represent significant – The use of antitrust laws in private sometimes existential – costs to litigation is also increasing, both app developers, this dispute is between industry players as they likely to continue. jostle for strategic advantage, New legislative regimes are also on and by consumers. their way in both the EU and the UK The ongoing legal battles between in the form of the EU’s Digital Markets Epic, Apple and Google are a prime Act, and the UK’s Digital Markets, example of private litigation between Competition and Consumers Bill, companies. Epic, a game developer- which are set to have a material publisher, argues that Apple and impact on how digital markets Google have monopolies over operate. The influence of competition mobile app stores on their respective law in gaming, particularly around operating systems and that their aspects such as digital distribution 30% distribution fees combined with and app stores, therefore, looks set to continue. 29