Following a significant legal decision last month that mandated Apple to permit the use of third-party payment processors for in-app purchases on iOS, Tim Sweeney, CEO and founder of Epic Games, announced that the company is committed to restoring Fortnite to the iOS App Store. This commitment has led Epic to file a legal motion in the District Court of California, urging the court to compel Apple to “accept any compliant version of Fortnite onto the US storefront of the App Store.”
Fortnite was removed from the App Store, and Epic’s US developer account was terminated in August 2020 when Epic implemented its Epic Direct Payments “hotfix” without Apple’s consent, igniting a lengthy legal conflict. More recently, on May 9, Epic used an iOS account associated with its Swedish subsidiary—already utilized to adapt to Europe’s Digital Markets Act—to submit a revised version of Fortnite for the US App Store.
However, on May 15, Apple officially rejected this new submission. In a letter shared by Epic, Apple contended that recent court rulings do not affect its rationale for terminating Epic’s developer account. Apple maintains that the 2020 implementation of the hotfix, which allowed in-app payments through Epic Direct Payments rather than through an external storefront, remains in violation of current legal restrictions.
Apple indicated in its letter that it would not act on the Fortnite app submission until the Ninth Circuit adjudicates their pending request for a partial stay regarding the injunction.
In the interim, Apple recommended that Epic’s Swedish account submit a revised version of the game—without a request for a listing on the US App Store—so as to prevent any adverse impact on Fortnite in other regions. However, in a social media statement, Epic criticized this suggestion, arguing that it violates Apple’s guidelines that prohibit developers from submitting multiple versions of the same app. Epic asserted that this effectively prevents them from launching the update in both the EU and the US.
Turning to the courts
To assert its position, Epic filed a motion on Friday claiming that Apple’s recent rejection of Fortnite was an act of “blatant retaliation” for Epic’s legal actions, and an attempt to undermine the authority of the court’s injunctions.
Epic contends that the recently submitted iOS version of Fortnite adheres to all Apple policies and judicial rulings by providing a link to the Epic Games Store for purchases. This would allow users to benefit from a 20 percent discount compared to in-app purchases made through iOS.
Epic’s filing states, “While Apple’s agreements may allow it to reject an app for lawful reasons, the Injunction stipulates that Apple may no longer reject an app—including Fortnite—on the grounds that its developer opts to include an external purchase link.” The filing further emphasizes that if the injunction holds any significance, Apple cannot deny an app based on the developer’s attempts to enforce the injunction’s stipulations.
Additionally, Epic claims that after nearly five years of litigation, it is being unfairly penalized by Apple, inhibiting its capacity to leverage new competitive regulations that it has helped implement. Epic argues that Apple has no grounds to reject any developer, including itself, simply for pursuing legal relief through the court system.
This matter is now set to be reviewed by Judge Yvonne Gonzalez Rogers, who has previously exhibited skepticism towards Apple’s practices. In her April ruling, she criticized Apple for not adhering to the terms of her earlier injunction and even referred Apple executives for potential criminal contempt, alleging that they had lied under oath.
Gonzalez Rogers made it clear: “Apple’s continued attempts to interfere with competition will not be tolerated. 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. The Court will not tolerate further delays.”
