Apple Inc.’s showdown with Fortnite maker Epic Games Inc. over app store fees has landed with a judge who gave the iPhone maker a big victory seven years ago in an case raising similar antitrust issues.

U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, took over the Epic case Wednesday from another judge. Back in 2013, she dismissed a lawsuit claiming Apple’s apps monopoly cost consumers hundreds of millions of dollars in overcharges. Plaintiffs requested a new judge after the U.S. Supreme Court revived the case in 2019, saying Rogers was too hostile to their legal position, but an appeals court denied their request.

Epic filed suit last week in a major escalation of a dispute over Apple’s longstanding insistence that games available on its app store must bill subscription fees and in-app-purchases through Apple, which charges a 30 per cent fee. Epic is also suing Google over the same practice at its app store.

In the 2013 case, consumers also attacked Apple’s 30 per cent app store fee, arguing they would pay less if it weren’t for the “fixed” cost. Rogers reasoned that the cost is passed on to consumers by developers, rather than charged directly by Apple. Consumers don’t have a right to sue for antitrust violations over such passed-on charges, she ruled.

It’s not uncommon in federal courts for cases addressing related issues to be assigned to the same judge.

In 2014, Rogers ruled that iPod users failed to prove that Apple violated federal antitrust laws after a jury rejected their claims that software updates for the device were meant to block competitors.

But the judge hasn’t always come down on Apple’s side. In June, she denied Apple’s bid to dismiss a proposed shareholder class action alleging the company made overly optimistic statements about demand for iPhones.

Apple and Epic didn’t immediately respond to requests for comment.

The case is Epic Games Inc. v. Apple Inc., 20-cv-05640, U.S. District Court, Northern District of California (Oakland).