Epic Games won a significant legal victory against Apple this week, potentially paving the way for the popular game Fortnite’s return to the U.S. iOS app store as early as next week.
In her ruling on Wednesday, Judge Yvonne Gonzalez Rogers declared that Apple has been in “willful violation” of a previous injunction issued in 2021, designed to prevent the company from continuing anticompetitive pricing practices. While Apple initially prevailed on most aspects of the Epic Games trial, the court notably ruled that Apple could not enforce fees on purchases made outside of its apps. Judge Rogers had specifically instructed Apple to modify its app store policies, allowing developers to direct their users to alternative payment methods outside of Apple’s platform.
Apple disregarded the instructions, not simply failing to comply but intentionally erecting new obstacles that further restricted competition. Judge Rogers strongly condemned Apple’s actions, noting in her ruling, “That it thought this Court would tolerate such insubordination was a gross miscalculation. As always, the coverup made it worse. For this Court, there is no second bite at the apple.” To underscore the severity of Apple’s defiance, she referred the case to the U.S. Attorney’s office, recommending that it be reviewed for potential criminal contempt charges.
Following the court decision, Epic Games CEO Tim Sweeney announced plans on social media to immediately return Fortnite to the U.S. App Store, possibly by next week. Additionally, Sweeney publicly proposed a broader resolution, suggesting that if Apple voluntarily extended the court-ordered policy of facilitating transactions without Apple’s fees globally, Epic Games would restore Fortnite to worldwide availability on the App Store and withdraw any ongoing or future legal challenges related to this topic.
