Fortnite is poised to make a triumphant return to the U.S. iOS App Store and iPhones next week, following a pivotal court ruling, as announced by Epic Games CEO Tim Sweeney. On April 30, a U.S. Federal District Court in California determined that Apple had willfully violated a court order in the Epic Games v. Apple case, which mandated Apple to allow developers to provide alternative payment options outside of their apps.
In a tweet, Sweeney proposed a "peace proposal" to Apple, suggesting a resolution to their long-standing legal battle. He 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 comes after years of legal contention between Epic and Apple.
Sweeney's determination to bring Fortnite back to mobile devices without paying the customary 30% store fees has been a central focus of his efforts. Epic aims to distribute Fortnite through its own Epic Games Store, avoiding the fees imposed by Apple and Google. The conflict led to Fortnite's exclusion from iOS back in 2020, but now, nearly five years later, the game is set to make a comeback in the U.S.
Celebrating the recent court victory, Sweeney tweeted, "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." The judge also referred Apple and its vice president of finance, Alex Roman, to federal prosecutors for a criminal contempt investigation due to misleading testimony about compliance with the injunction.
Apple responded with a statement, expressing disagreement with the decision but committing to comply with the court's order while planning to appeal.
Epic's journey to this point has been marked by significant legal and financial challenges. The company launched the Epic Games Store on iPhones in the European Union and on Android devices worldwide in August last year, featuring games like Fortnite, Rocket League Sideswipe, and Fall Guys for mobile. However, the process of getting these games running on mobile has been fraught with difficulties, including "scare screens" that deter up to 50% of potential users, according to Epic.
Despite these hurdles, Epic has faced internal challenges, including significant layoffs. In September 2023, the company laid off 830 employees, about 16% of its workforce, at its North Carolina studio. However, by October of the same year, Sweeney reassured that Epic was "financially sound," with both Fortnite and the Epic Games Store achieving new records in "concurrency and success."
