Epic Games is ramping up its efforts to compel Apple to reinstate its popular game Fortnite on the App Store. The company has filed a new motion with Judge Yvonne Gonzalez Rogers, requesting that she order Apple to “accept any compliant version of Fortnite onto the U.S. storefront of the App Store.” This legal battle, now spanning several years, centers on Apple’s App Store policies, particularly concerning the commissions imposed on in-app purchases, which Epic argues are anti-competitive.
Last month, Epic achieved a significant milestone when Judge Rogers determined that Apple was in “willful violation” of an injunction regarding anti-competitive pricing practices. This ruling potentially opens the door for Fortnite to return to the App Store and allows developers to explore alternative payment options for their apps. However, Apple responded by announcing its intent to appeal this ruling, creating further uncertainty for Epic and its users. Following this, Epic revealed that it was blocking Fortnite from the U.S. App Store and its release on the Epic Games Store in Europe, stating, “Now, sadly, Fortnite on iOS will be offline worldwide until Apple unblocks it.”
In response to Epic’s claims, Apple refuted the notion that it was responsible for Fortnite’s unavailability outside the U.S. The company clarified that it had requested Epic’s Swedish branch to resubmit the app update without the U.S. storefront included to prevent adverse effects on the game in other regions. This strategic move is aimed at minimizing the impact of the ongoing dispute on Fortnite’s availability globally, highlighting the complexity of the legal situation.
The reason for blocking Fortnite in the U.S. appears to rest on Apple’s desire to wait for the Ninth Circuit Court to issue a ruling on its pending request for a partial stay of the new injunction. In its court filing, Epic posits that Apple is denying it “the ability to take advantage of the pro-competitive rules it helped usher in,” thereby “punishing” Epic for challenging the status quo. This situation serves as a stark reminder of the broader implications for developers seeking to navigate Apple’s App Store ecosystem, reinforcing the message that challenging Apple’s practices may come with significant consequences.
