Fortnite may finally be returning to the U.S. iOS app store after a long absence as soon as next week. This marks yet another ruling in the deepening saga of the drawn-out legal tit for tat between Apple and Epic Games. These new changes are the culmination of a 2021 injunction that found Apple’s pricing practices to be anticompetitive. In her recent remarks, Judge Yvonne Gonzalez Rogers concluded that Apple engaged in intentional contempt of the injunction. Unsurprisingly, this accusation comes with dark implications for any future criminal contempt proceeding.
The continuing battle has focused on Apple’s monopoly over app store transactions and its excessive 30% commission fees on third-party app developers’ in-app purchases. The court’s ruling was even more important, blocking Apple from continuing to charge a commission on purchases made outside of its apps. This ruling represents a major turning point in the future regulation of digital marketplaces.
Apple’s Non-Compliance
Judge Rogers has referred the case to the U.S. attorney for further review. This is a clear signal that Apple’s failure to comply should be taken seriously. She wrote, “That it believed this Court would stand idly by while it flouted its authority was a dangerous underestimation. As always, the coverup made it worse. For this Court, there is no second bite at the apple.”
Epic Games’ CEO Tim Sweeney has made some high-level suggestions for what Apple should do. We believe that this action marks a positive step towards addressing an ongoing unresolved situation. Sweeney is prepared to dismiss all existing and future lawsuits over app store behavior. He’ll do this only if Apple commits to developing a global framework that honors the spirit of the court’s ruling.
“If Apple extends the court’s friction-free, Apple-tax-free framework worldwide, we’ll return Fortnite to the App Store worldwide and drop current and future litigation on the topic,” – Tim Sweeney
This settlement really does present a hopeful avenue for both companies to avoid more judicial confrontation going forward. It provides millions of gamers the opportunity to play Fortnite again. We’re thrilled at the prospect of returning Fortnite to the iOS platform. The game was a phenomenon when it was released and has not been in the app store since it was yanked in August 2020.
As the situation unfolds, both Epic Games and Apple remain under scrutiny from legal authorities and the tech industry alike. This case has implications that reach much further than Fortnite. It would be a radical shift to how app stores function and affect the ways developers would need to negotiate pricing and transaction policies with platform holders.
Author’s Opinion
This situation, while focused on Fortnite, signals broader changes that could redefine how app stores operate. If Apple and Epic Games can agree on a global framework, it may set new precedents for fair pricing and competition, potentially benefiting both consumers and developers alike.
