Following a significant legal ruling that mandates Apple to permit the use of external payment processors for in-app purchases on iOS, Epic Games CEO and founder Tim Sweeney announced the company's commitment to reinstating Fortnite on the iOS App Store. This new strategy includes a legal motion filed in the District Court of California, aiming to compel Apple to accept any compliant version of Fortnite onto the US App Store.
In August 2020, Apple removed Fortnite from the App Store and terminated Epic's US App Store account after the company implemented its Epic Direct Payments hotfix without authorization. This action ignited a protracted legal battle between the two tech giants. Recently, on May 9, Epic utilized an iOS account from its Swedish subsidiary—previously leveraged to comply with Europe’s Digital Markets Act (DMA)—to submit a new version of Fortnite to the US App Store.
However, Apple formally rejected this submission on May 15, asserting in a letter shared by Epic that the recent court rulings do not invalidate Apple's legal right to terminate Epic's iOS developer account. Apple emphasized that even under the new ruling, the 2020 hotfix permitting Epic Direct Payments remains in violation of Apple's established restrictions regarding in-app purchases.
In its correspondence, Apple stated that it would not take action on the Fortnite app submission until after the Ninth Circuit rules on the pending request for a partial stay of the new injunction. In the interim, Apple suggested that the Swedish Epic Games account submit a separate updated version of the game—excluding a US App Store listing request—to avoid complications that could affect Fortnite in other regions. However, Epic contended that this suggestion contradicts Apple's own guidelines, which prohibit developers from submitting multiple versions of the same app.
In a bold move to pressure Apple, Epic filed a motion on Friday claiming that Apple's latest denial of Fortnite is blatant retaliation for Epic's legal challenges. The company argues that the iOS version of Fortnite it recently submitted adheres to all of Apple's policies and court rulings by providing a link to the external Epic Games Store for purchases. This link would enable players to benefit from a 20 percent discount compared to in-app purchases made through iOS.
Epic's legal filing asserts that while Apple's contracts may allow for app rejections for lawful reasons, the recent injunction stipulates that Apple cannot reject an app—such as Fortnite—simply because its developer includes an external purchase link. Epic argues that if the injunction is to be effective, Apple must not reject any app based on the developer's decision to enforce the injunction's provisions.
The legal battle is now in the hands of Judge Yvonne Gonzalez Rogers, who has previously shown little sympathy for Apple. In her April ruling, she criticized Apple for its blatant violations of her initial injunction and even referred some of its executives for criminal contempt, accusing them of lying under oath. In her strong stance, she emphasized that Apple’s attempts to stifle competition would not be tolerated, stating, “This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order. Time is of the essence.”
As Epic Games continues its fight to bring Fortnite back to the iOS platform, the legal proceedings will be closely monitored by industry observers. The outcome of this case could have far-reaching implications for app developers and the broader tech ecosystem, particularly regarding the regulations on in-app purchases and the balance of power between major tech companies.
