Fortnite Remains Off App Store as Epic Games and Apple Continue Legal Battle

The ongoing feud between Epic Games and Apple over Fortnite’s return to the App Store shows no signs of ending. Last week, Apple reportedly delayed its usual app approval process, forcing Epic to cancel a Fortnite update across all platforms. Now, Apple has doubled down, stating it won’t act on any Fortnite app submissions globally until the Ninth Circuit Court of Appeals rules on a related injunction. This has prompted Epic to file a new legal motion, accusing Apple of retaliatory behavior and attempting to circumvent court orders.

The dispute stems from Apple’s 2020 decision to remove Fortnite after Epic introduced a direct payment system, bying Apple’s in-app purchase fees. While Apple has allowed other Epic apps to remain on the App Store, Fortnite has been a sticking point. Epic’s latest filing argues that Apple’s refusal to approve Fortnite is a deliberate attempt to undermine the court’s injunction, which requires Apple to permit third-party payment systems.

In the meantime, Fortnite’s iOS version is no longer available globally, including in the EU, where it was previously accessible. Epic claims this is due to Apple’s blocks, while Apple contends that EU players can still access the game so long as Epic submits a separate version for the region. Epic has criticized this requirement, calling it a violation of Apple’s own guidelines and a tactic to sidestep the EU’s Digital Markets Act.

Adding to the drama, Epic CEO Tim Sweeney has been highlighting Fortnite knockoffs on the App Store, seemingly to underscore Apple’s inconsistent enforcement of its policies. Sweeney even publicly addressed Apple CEO Tim Cook on social media, asking if he’d allow mutual customers to play Fortnite again.

This saga, which began in 2020, continues to drag on, leaving players and developers alike exhausted.

While the Fortnite drama isn't over yet, the immediate outcome of the Epic Games lawsuit was for Apple to begin allowing apps to charge customers outside of apps. Spotify quickly embraced this change and now allows iOS customers to pay outside of Apple's ecosystem to avoid paying app store fees.

In the long run, so long as the ruling isn't overturned on appeal, this will be a win for game developers which will end up keeping a larger share of revenues. Android and iOS app store fees have long been a source of frustration for app developers. The U.S. is now catching up to regulation in EU and Japan. Japan already ed a law that allows apps to circumvent app store fees.

Further reading: Epic Games asks Judge to Force Apple to Approve Fortnite