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Apple blocks Fortnite's return to the U.S. App Store and Epic Games Store in EU, despite ruling (updated)

Apple blocks Fortnite's return to the U.S. App Store and Epic Games Store in EU, despite ruling (updated)

Business Mayor17-05-2025

Epic Games Apple has blocked Epic's submission of Fortnite to the U.S. Apple App Store and the Epic Games Store for iOS in the European Union.
'Now, sadly, Fortnite on iOS will be offline worldwide until Apple unblocks it,' Epic Games said in a tweet.
Epic Games had hoped that it would be able to return its game, which has been off iOS since Epic sued Apple for antitrust violations in 2021. A new law in the EU is expected to force Apple to comply at some point, and a recent ruling in the U.S. federal antitrust lawsuit by Epic was expected to force Apple's hand.
[Updated: 11:16 p.m. Pacific time on 5/16/25]. Epic Games said it filed a motion to enforce the judge's injunction against Apple.
Epic Games aid, 'Yesterday afternoon, Apple broke its week-long silence on the status of our app review with a letter saying they will not act on the Fortnite app submission until the Ninth Circuit Court rules on the partial stay. We believe this violates the Court's Injunction and we have filed a second Motion to Enforce Injunction with the US District Court for the Northern District of California.'
The company added, 'We've been transparent with Apple about our intentions while they've used app review and notarization as a pretext to circumvent the Court's injunction and the EU Digital Markets Act. Apple's 'solution' required us to submit two versions of Fortnite, in violation of their guideline that developers shouldn't submit multiple versions of the same app. That's not the standard Apple holds other developers to and it's blocking us from releasing our update in the EU and US. Apple is again retaliating against Epic for challenging the legality of their anticompetitive behavior and we will fight on.'
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In the new Motion, Epic said that on May 1, 2025, Epic notified Apple of its intent to avail itself of the injunction and the new guidelines. Specifically, Epic notified Apple that Epic would use the same developer account that it uses to distribute the Epic Games Store and Fortnite in the European Union to submit Fortnite for App Review in the U.S. Epic invited Apple to provide it with further direction if Apple preferred that Epic submit Fortnite for review another way (e.g., through a different developer account). On May 2, 2025, Apple—through its outside counsel— stated that if Epic wanted to submit using the process Epic had outlined, it should do so.'
Epic added, 'Although Apple's contracts may permit it to reject an app for lawful reasons, the Injunction provides that Apple may no longer reject an app—including Fortnite—because its developer chooses to include an external purchase link. Likewise, if the Injunction is to have any teeth, Apple cannot reject an app on the ground that its developer has sought to enforce the Injunction's prohibitions.'
And Epic said, 'The only explanation for Apple's decision to refuse to review Epic's Fortnite submission is that Apple does not want Epic to take advantage of the rights it worked so hard to obtain and instead wishes to retaliate for these efforts.'
Nothing about Epic's stipulation with Apple provides Apple with any greater discretion to reject a submission from Epic or to treat Epic's submissions any differently than Apple may treat submissions from any other developer, Epic said. And importantly, Apple's contractual rights under the DPLA do not trump the Injunction; to the contrary, the whole point of the Injunction is to curb those rights, Epic said.
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Epic added, 'This court's Injunction and contempt order are clear. Apple may not reject apps because their developers wish to steer consumers to alternative payment options through links, buttons and other calls to action. Nor can Apple reject apps because their developers have attempted to enforce that right. In its Contempt Order, this Court emphasized that the purpose of the Injunction is to terminate Apple's attempts to interfere with competition and maintain an anticompetitive revenue stream. Apple's functional rejection of Fortnite—which has a purchase link side by side with IAP, consistent with the current Guidelines—is simply more interference with competition.'
We await further explanation for why Apple is still blocking Fortnite's return. We have asked Apple for comment, but it has not offered anything yet.
In its legal filings with Epic, Apple said, 'The parties' recent disputes over the District Court's injunction do not diminish Apple's bases and legal right to have terminated Epic Games' DPLA. To the contrary, the District Court's recent Order reiterated Epic Games' admission 'that it breached the DPLA and [had previously] conceded that Apple would be entitled to relief if the Court found that the DPLA was enforceable and did not violate antitrust laws or public policy.''
Apple said the district court again noted that 'Apple's breach of contract claim is also premised on violations of DPLA provisions independent of the anti-steering provisions. Apple removed Fortnite from the U.S. storefront of the App Store and terminated Epic Games' developer account because of that breach.'

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