As reported by GamesIndustry.biz, the companies discussed the suggestion made by Judge Yvonne Gonzalez Rogers, and have decided to not follow her advice on the matter. However, it is worth noting that Apple did want a trial by jury when it filed its counterclaim.
"Epic and Apple have met and conferred, and the parties agree that Epic's claims and Apple's counterclaims should be tried by court, and not by a jury," reads a joint statement.
"Therefore, with Epic's consent, Apple hereby withdraws its demand for a jury trial. The parties respectfully request that the case – including any claims and counterclaims – proceed to a bench trial on a schedule determined by the court."
See you in court
Earlier this week, Epic and Apple had their first hearing with the judge, allowing both firms to present arguments regarding the temporary restraining order requested by the Fortnite creator.
During which, not only did Gonzalez Rogers suggest a jury, she also questioned Epic on why Apple taking a 30 per cent commission is so wrong, given it is an industry-standard.
The American games giant first filed an antitrust suit against Apple in August, following the removal of Fortnite from the App Store. The iOS creator did not take kindly to Epic's attempt to bypass the commission costs. Therefore, the game was booted.