Market data provided by Factset.

court in a dispute over the iPhone maker's payment system on its App Store and control over apps downloads.

The two companies have been locked in a legal dispute since August last year when the game maker tried to get around Apple's 30% fee on some in-app purchases on the App Store by launching its own in-app payment system.

Epic Games founder and CEO Tim Sweeney said Apple's control of its platform has tilted the level playing field.

"Epic is not asking any court or regulator to change this 30% to some other number, only to restore competition on IOS," he said, referring to Apple's mobile operating system.

"In ways a judge has described as deceptive and clandestine, Epic enabled a feature in its app, which was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines that apply equally to every developer and protect customers," the company said in a statement.

The Commission, which is investigating Apple's mobile payment system Apple Pay and the App Store, declined to comment on the complaint, saying it was aware of the concerns regarding Apple's App Store rules.

Market data provided by Factset.