A US judge has advised Apple and Epic Games to bring their antitrust claims before a jury.

As reported by GamesBeat, Judge Yvonne Gonzalez Rogers listened to both Apple and Epic in a hearing, allowing both sides to present their arguments on the temporary restraining order the Fortnite creator requested.

However, the judge did not provide a ruling and has instead claimed that a higher court would be less likely to reverse the decision that is found.

"I think personally this case should be tried to a jury. I want everyone to think about that. I don't think individual judges have the be-all and end-all here," said Gonzalez Rogers.

"I think this is going to be a fascinating trial. Walled gardens have existed for decades. Nintendo has had a walled garden. Sony has had a walled garden. Microsoft has had a walled garden. In this particular industry, what Apple is doing is not much different."

Ongoing battle

Epic Games first filed an antitrust claim against the iOS creator back in August, in retaliation to Fortnite's removal from the App Store. Although, it can be argued, as stated by Apple, that the problem is a "self-inflicted wound."

Furthermore, the judge asked the games behemoth and its lawyers to explain why Apple's 30 per cent cut is so wrong when many companies within the industry take the same commission.

"If we look at the video game industry, of which your client is a part, the 30% seems to be the industry rate," said Gonzales Rogers.

"Steam charges 30 per cent. GOG. Microsoft charges 30 per cent. In the consoles, PlayStation, Xbox, Nintendo, GameStop, Amazon, Best Buy charge 30 per cent. Your client doesn't. Where is the lack of competition?"

Of course, it is not just Apple that Epic is embroiled in a legal battle with, as the company has also sued Google, for the same reasons as the iOS creator. However, not only has the Alphabet-owned company requested the case be dismissed, but it has also asked it be kept separate from Apple's, citing different business methods as the reason.