Fortnite is set to make a triumphant return to the U.S. iOS App Store and iPhones next week, following a pivotal court ruling in the Epic Games v. Apple case. On April 30, a U.S. Federal District Court in California ruled that Apple had willfully violated a court order by not allowing developers to offer alternative purchasing methods outside their apps.
In response, Epic Games CEO Tim Sweeney took to Twitter with a "peace proposal" for Apple. Sweeney stated, "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."
This development comes after years of legal battles between Epic and tech giants Apple and Google over app store policies. Sweeney has invested billions in this fight, viewing it as a long-term investment in Epic and Fortnite's future. He told IGN in January that Epic is prepared to continue this battle for decades if necessary.
The core of the dispute revolves around Epic's refusal to pay the standard 30% store fees on mobile game revenue. Epic aims to operate Fortnite through its own Epic Games Store, bypassing Apple and Google's fees. This disagreement led to Fortnite being removed from iOS in 2020, and it's only now, nearly five years later, that the game is set to return to U.S. iPhones.
Epic's Tim Sweeney remains steadfast in his mission to challenge Apple and Google's app store practices, no matter the duration. Photo by SeongJoon Cho/Bloomberg.Sweeney celebrated the court's ruling on Twitter, declaring, "NO FEES on web transactions. Game over for the Apple Tax. Apple’s 15-30% junk fees are now just as dead here in the United States of America as they are in Europe under the Digital Markets Act. Unlawful here, unlawful there."
As a result of the ruling, Apple will be referred to federal prosecutors for violating the court order. U.S. District Judge Yvonne Gonzalez Rogers emphasized, "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."
Judge Gonzalez Rogers also referred Apple and its vice president of finance, Alex Roman, to federal prosecutors for a criminal contempt investigation, citing misleading testimony about Apple's compliance with the injunction.
Apple responded with a statement expressing strong disagreement with the decision but affirmed compliance with the court's order and an intent to appeal.
Fortnite's return to U.S. iPhones marks a significant milestone, nearly five years after its removal. Photographer: Andrew Harrer/Bloomberg via Getty Images.Epic has made strides in this legal battle, previously achieving victories in Europe through the Digital Markets Act. In August last year, the Epic Games Store launched on iPhones in the EU and on Android devices worldwide, featuring games like Fortnite, Rocket League Sideswipe, and Fall Guys. However, Epic has faced challenges in getting these games running smoothly on mobile due to "scare screens" that deter up to 50% of users.
Despite the financial strain, including significant layoffs in September 2023 affecting 830 employees in North Carolina, Sweeney assured in October last year that Epic is "financially sound," with both Fortnite and the Epic Games Store achieving new records in "concurrency and success."
