Fortnite is poised to make a triumphant return to the U.S. iOS App Store and iPhones next week, following a landmark court decision, according to Epic Games CEO Tim Sweeney. On April 30, a U.S. Federal District Court in California ruled that Apple had deliberately violated a court order in the Epic Games v. Apple case. This order mandated that Apple must allow developers to offer alternative payment methods outside their apps, bypassing Apple's standard fees.
In a tweet, Sweeney proposed a "peace proposal" to Apple, suggesting that if Apple were to implement the court's fee-free framework globally, Epic would bring Fortnite back to the App Store worldwide and halt all current and future related litigation. "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," Sweeney stated.
Sweeney's legal battles with Apple and Google over app store policies have been ongoing for years. In January, IGN highlighted how Sweeney had invested billions in this fight, viewing it as a crucial investment in Epic and Fortnite's future. He emphasized Epic's readiness to continue the battle for decades if necessary.
The core of Epic's dispute with Apple and Google centers around the 30% store fees on mobile game revenue. Epic seeks to operate Fortnite through its own Epic Games Store, free from the high fees imposed by Apple and Google. This conflict led to Fortnite's removal from iOS in 2020, but after nearly five years, it is set to return to U.S. iPhones.
Following the recent court ruling, Sweeney celebrated the decision, stating, "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."
U.S. District Judge Yvonne Gonzalez Rogers has referred Apple and one of its executives, Alex Roman, to federal prosecutors for a criminal contempt investigation due to Apple's non-compliance with the court order. "Apple’s continued attempts to interfere with competition will not be tolerated," Judge Gonzalez Rogers remarked, emphasizing the seriousness of the violation. Apple responded by stating their disagreement with the ruling but affirmed their intention to comply and appeal.
Epic's legal victories had previously been confined to Europe, where the Digital Markets Act facilitated the launch of the Epic Games Store on iPhones in the European Union and on Android devices worldwide last August. Despite these advances, Epic faces challenges in getting games like Fortnite running smoothly on mobile, with user drop-off rates due to "scare screens" reaching up to 50%.
The financial strain of these legal battles has led to significant layoffs at Epic, with 830 employees, or about 16% of the workforce, being let go in September 2023. However, Sweeney maintained in October last year that the company was "financially sound," with both Fortnite and the Epic Games Store achieving record levels of success and user engagement.
Epic's Tim Sweeney remains determined to challenge Apple and Google, no matter how long it takes. Photo by SeongJoon Cho/Bloomberg.
Fortnite is set to return to U.S. iPhones, nearly five years after its removal. Photographer: Andrew Harrer/Bloomberg via Getty Images.